M4C06

There is no statutory time limit for filing suit against a board, commission, or a member thereof who has held or intends to hold a meeting in violation of the Sunshine Act.

A suit to enforce the Sunshine Law must be brought within one year from the time the violation is ascertainable. Mo.Rev.Stat. §  610.027.4. Regardless of the date on which the violation became ascertainable, suit must be brought within two years of the violation. Id.

There is no time limit specified in the Act for filing suit. Therefore, the four-year residual statute of limitations applies. Rivera v. City of Laredo, 948 S.W.2d 787, 793 (Tex. App.—San Antonio 1997, writ denied) (“[A]n action brought under the Open Meetings Act would fall under the four-year residual limitations period in Tex. Civ. Prac. & Rem. Code § 16.051 since the Act does not specify the amount of time a plaintiff has to bring an action for open meetings violations.”); Tex. Civ. Prac. & Rem.

The Act requires that a suit seeking to invalidate an official agency action be filed within 90 days from the contested action. O.C.G.A. § 50-14-1(b). Suits contesting a zoning decision of a local governing authority made during a closed meeting in violation of the Act must be commenced within the time allowed by law for appeal of such zoning decision. O.C.G.A. § 50-14-1(b). The Act contains no time limit for commencing suits seeking to make minutes or agendas from past meetings available to the public.

There is no time limit on challenging a closed meeting when the petitioner seeks injunctive or prospective relief. However, if the petitioner intends to have the decision made in the closed meeting voided, that action must be brought within thirty days of the decision. Mont. Code Ann. § 2-3-213.

Suits to void final action. A suit to void a final agency action taken at a closed meeting “shall be commenced within 90 days after the date of the action,” unless the final agency action concerns “issuance of bonds, notes, or other evidences of indebtedness,” in which case the suit “shall be commenced within 30 days after the date of the action.” Utah Code Ann. § 52-4-302(2), (3). A suit to void final action that is brought after these statutory periods have expired will be barred.

Actions to void any final action taken in violation of sections 92-3 (open meetings requirement) and 92-7 (notice requirements) must be commenced within ninety days of the final action. Haw. Rev. Stat. § 92-11 (1975).

Suit is time-barred if not filed within one year of meeting. Neb. Rev. Stat. § 84-1414(1).

(This section is blank. See the point above.)

Severe time constraints are placed upon actions filed under the Open Meeting Law. Any suit seeking to declare an action null and void must be brought within 30 days of the time of violation or alleged violation of the law. Idaho Code § 67-2347(6). Any other suit must be commenced within 180 days of the time of the violation or alleged violation of the law. Idaho Code § 67-2347(6).