Utah Code » Title 7, Chapter 2 — Possession of Depository Institution by Commissioner
Utah Code

Utah Code § 7-2-3 (2026)

Action for injunction against commissioner in possession -- Procedure -- Appeal

✓ current as of May 2026
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Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may within 10 days after the taking apply to the court to enjoin further proceedings.
After ordering the commissioner to show cause why further proceedings should not be enjoined and after hearing the allegations and proofs of the parties and determining the facts, the court may:
dismiss the application; or
enjoin the commissioner from further proceedings if the court finds the taking to be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.
If the court enjoins further proceedings, it shall order the commissioner to surrender possession of the institution in a manner and on terms designated by the court in the public interest.
Notice of any hearings shall be given to persons designated by the court in the manner designated by the court.
An appeal may be taken by the commissioner, a receiver, or liquidator appointed by the commissioner under Section 7-2-9, or by the institution from the judgment of the court as provided by law. An appeal from the judgment does not stay any judgment in favor of the commissioner, or a receiver or liquidator appointed by the commissioner. If the appeal is taken by the commissioner, or by a receiver or liquidator appointed by the commissioner, no bond is required. If the appeal is taken by the institution, a bond is required as provided by the Utah Rules of Civil Procedure.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1994–2024 · leading case: Am. West Bank Members L.C. v. State, 2014 UT 49 (Utah 2014).
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Am. West Bank Members L.C. v. State, 2014 UT 49 (Utah 2014). · cites it 4× “Utah Code § 7-2-3. 55 . 871 P.2d 552, 558 (Utah Ct.”
Brown v. Weis, 871 P.2d 552 (Utah Ct. App. 1994). · cites it 10× “” Utah Code Ann. § 7-2-3 (Supp.1986). However, plaintiffs did not file an objection within ten days.”
Brown v. Moore, 973 P.2d 950 (Utah 1998). · cites it 2× “After a lapse of almost two years, in September 1988, the district court dismissed Brown’s petition as untimely because it was not filed within the ten-day period required by Utah Code Ann. § 7-2-3 (1) (Supp.1986). More than a year prior to the dismissal of Brown’s petition, on…”
Am. West Bank Members v. State of Utah, The (D. Utah 2020). · cites it 7× “America West Bank pursuant to Utah Code Ann. § 7-2-3 (1)(a) (West 2004), if any institution or other person of which the Commissioner has taken possession considers itself aggrieved by the taking, it may within ten (10) days after the taking apply to the Court to enjoin further…”
Am. West Bank Members v. State of Utah, The (D. Utah 2023). · cites it 4× “) Procedural History Utah Code § 7-2-3 provides that a person or institution that the commissioner of UDFI has taken possession of, and that considers itself aggrieved by the taking, may apply to the court within 10 days of the taking to enjoin further proceedings.”
Am. West Bank Members v. State of Utah (10th Cir. 2024). · cites it 3× ““[W]ithin 10 days after the taking,” Utah Code Ann. § 7-2-3 (1)(a) allows any “institution or other person .”
— Utah Code § 7-2-3(1)(a) — 2 cases
Am. West Bank Members L.C. v. State, 2014 UT 49 (Utah 2014). “Utah Code § 7-2-3. 55 . 871 P.2d 552, 558 (Utah Ct.”
Am. West Bank Members v. State of Utah, The (D. Utah 2020). “America West Bank pursuant to Utah Code Ann. § 7-2-3 (1)(a) (West 2004), if any institution or other person of which the Commissioner has taken possession considers itself aggrieved by the taking, it may within ten (10) days after the taking apply to the Court to enjoin further…”
— Utah Code § 7-2-3(1)(c) — 1 case
Am. West Bank Members v. State of Utah, The (D. Utah 2020). “America West Bank pursuant to Utah Code Ann. § 7-2-3 (1)(a) (West 2004), if any institution or other person of which the Commissioner has taken possession considers itself aggrieved by the taking, it may within ten (10) days after the taking apply to the Court to enjoin further…”
— Utah Code § 7-2-3(2) — 1 case
Am. West Bank Members v. State of Utah, The (D. Utah 2020). “America West Bank pursuant to Utah Code Ann. § 7-2-3 (1)(a) (West 2004), if any institution or other person of which the Commissioner has taken possession considers itself aggrieved by the taking, it may within ten (10) days after the taking apply to the Court to enjoin further…”
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