Hi-Country Property Rights Group v. Emmer

Justice LEE,

opinion of the Court:

[ 1 This is an appeal from the dismissal of a derivative suit against the directors of a homeowners association. - The derivative plaintiffs are disgruntled property owners who allege that the directors favored their own properties in allocating limited road construction and maintenance funds.

4 2 Instead of defending on the merits, the directors sought to avail themselves of the procedure set forth in Utah Code section 16-6a-612(4)-a provision allowing the board to appoint an independent committee to evaluate whether maintenance of a derivative suit is in the…