CHURCH OF TONGA v. DEPARTMENT OF COMMERCE

No. 20200778-CA.

517 P.3d 418 (2022)

2022 UT App 102

SALT LAKE CITY LAUMALIE MA'ONI'ONI FREE WESLEYAN CHURCH OF TONGA and Viliami Hosea, Appellants, v. DEPARTMENT OF COMMERCE, DIVISION OF CORPORATIONS, Appellee.

Court of Appeals of Utah.

Filed August 18, 2022.


Attorney(s) appearing for the Case

Robert C. Avery , Nathan E. Burdsal , Orem, and Hutch U. Fale , Attorneys for Appellants.

Sean D. Reyes , Salt Lake City, Sarah E. Goldberg , and Erin T. Middleton , Attorneys for Appellee.

Judge David N. Mortensen authored this Opinion, in which Judges Ryan M. Harris and Ryan D. Tenney concurred.


Opinion

¶1 From "the metaphysical principle that nothing can confer what it does not possess," it follows that an administrative agency cannot confer validity on a document if it lacks the power to do so. See City of Chicago v. Morales, 527 U.S. 41, 91 n.9, 119 S.Ct. 1849, 144...

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