Response to HiTest Sand Motion for Summary Judgment
Defendant HiTest Sand, Inc. (“HiTest”) moves this Court for summary judgment arguing that this Court cannot invalidate the land transactions at issue in this proceeding because it is a “bona fide purchaser” of the property. However, the Public Utility District’s (“PUD”) purchase and sale of land cannot be deemed mere procedural inadequacies. The PUD’s actions were beyond its statutory authority, its actions were ultra vires. Because the PUD’s purchase and sale of the land was ultra vires, HiTest may not rely on the bona fide purchaser doctrine to enforce the land sale.