498 P.3d 410
Utah2021Background
- Willie Grayeyes filed to run for San Juan County Commissioner in March 2018, submitting GPS coordinates and satellite images to show residence on Navajo Mountain.
- Wendy Black challenged Grayeyes before the election; a county investigation led the clerk to remove Grayeyes from the ballot, but a federal district court later enjoined reinstatement because the clerk exceeded statutory authority.
- Kelly Laws, aware of Black’s challenge, waited until after losing the election to Grayeyes to file a verified contest within the 40‑day statutory window alleging Grayeyes was not a San Juan County resident.
- At a bench trial the district court found Grayeyes’s life, cultural ties, and time spent on Navajo Mountain established San Juan County residency and denied Grayeyes’s fee request, concluding Laws acted in good faith.
- On appeal the Utah Supreme Court held Laws lacked traditional standing (no particularized injury), dismissed the election challenge for lack of jurisdiction, and affirmed denial of attorney fees to Grayeyes (neither bad faith nor private‑attorney‑general relief justified fees).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Traditional standing to bring election contest | Laws: as a registered voter he has a personal stake; an ineligible elected candidate dilutes his vote | Grayeyes: alleged injury is generalized — shared by all voters; no particularized injury | Court: Laws lacks traditional standing (no sufficiently particularized injury); claim dismissed for lack of jurisdiction |
| Statutory standing under Utah Code §20A‑4‑403 | Laws: statutory grant to a "registered voter" to contest an election should suffice even if traditional standing is absent | Grayeyes: question raises constitutional separation‑of‑powers issues; argument inadequately briefed | Court: declined to decide whether statutory standing alone can overcome constitutional standing limits because Laws inadequately briefed the issue; rejected the argument on procedural grounds |
| Attorney fees under equitable/bad‑faith principles (Utah Code §78B‑5‑825) | Grayeyes: district court erred by focusing only on "bad faith" and relying on §78B‑5‑825, which allegedly narrows equitable fee authority | Laws: §78B‑5‑825’s good‑faith/merit requirement aligns with established factors (bad faith, vexatiousness, oppression) | Court: §78B‑5‑825 does not unconstitutionally limit equitable fee awards; no bad faith found; fees denied |
| Private attorney general doctrine (fees) | Grayeyes: he vindicated important public policies (residency precedent; preserving voters’ choice) and the legislature’s disavowal of the doctrine is unconstitutional | Laws: statute disavowing doctrine controls; even if doctrine survived, this case did not vindicate unlawful government conduct or confer broad public benefit | Court: even assuming doctrine’s vitality, it would not apply here; legislature disavowed the doctrine and Grayeyes did not vindicate an unlawful government action conferring broad public benefit; fees denied |
Key Cases Cited
- Jones v. Barlow, 154 P.3d 808 (Utah 2007) (standing is jurisdictional requirement)
- Jenkins v. Swan, 675 P.2d 1145 (Utah 1983) (requirement of particularized injury and personal stake)
- Washington Cnty. Water Conservancy Dist. v. Morgan, 82 P.3d 1125 (Utah 2003) (discussion of statutory standing vs. traditional standing)
- Stewart v. Utah Pub. Serv. Comm’n, 885 P.2d 759 (Utah 1994) (private attorney general doctrine described and applied)
- Doctors’ Co. v. Drezga, 218 P.3d 598 (Utah 2009) (equitable attorney‑fee standards; bad faith factors)
- Utahns for Better Dental Health‑Davis, Inc. v. Davis County Clerk, 175 P.3d 1036 (Utah 2007) (private attorney general fee award where public right vindicated)