Associate Chief Justice NEHRING , opinion of the Court: INTRODUCTION 1 This case involves a challenge by relatives of Mr. Kenneth Vanderwerff to an action for a posthumous declaration of unsolemnized marriage brought by Mr. Vanderwerff's romantic partner and personal representative of his estate-Ms. Janetta Gardiner. We are asked to determine when and how service of process is to be made in the unusual circumstance where a petitioner seeks a declaration of marriage between herself and...
Justice PARRISH , opinion of the Court: INTRODUCTION 1 On petition for writ of extraordinary relief, petitioners Lana Mawhinney, Christine McClory, and James Whitehead (collectively, Petitioners) ask us to order the City of Draper (City) to certify their petition for referendum. Specifically, they seek to refer Resolution No. TRSSD 14-02 (Resolution) to the voters of the Traverse Ridge Special Service District (District) in the November 2014 general election. The Resolution, enacted on...
Justice DURHAM , opinion of the Court: INTRODUCTION 1 Shawnna Cope was injured while practicing with the Utah Valley State College (UVSC) ballroom dance team, and sued the state-owned college. 1 The district court dismissed the lawsuit, ruling that the public duty doctrine dictated that UVSC owed no duty of care to Ms. Cope. The court of appeals subsequently held that the public duty doctrine did not apply to Ms. Cope's lawsuit and reversed the trial court. We granted certiorari. 2...
Justice LEE , opinion of the court: 1 In 2013, the Utah Public Service Commission approved power purchase agreements between PacifiCorp and two small power producers, Latigo Wind Park and Blue Mountain Power Partners. Under these agreements, PacifiCorp's Rocky Mountain Power division would become obligated to purchase all power produced by the producers' clean energy wind projects in Southeastern Utah. This is an appeal by Ellis-Hall Consultants, a competitor of Latigo and Blue Mountain....
Associate Chief Justice NEHRING , opinion of the Court except as to Part II.B: INTRODUCTION 1 America West Bank Members, L.C. (AWBM) challenges the district court's dismissal of its claims against the State of Utah, the Utah Department of Financial Institutions (UDFI), and the director of UDFI, Mr. G. Edward Leary (collectively referred to as the State). 1 AWBM asserts that the district court erred when it dismissed its claims for lack of sufficient factual allegations under rule 12(b)(...
Justice LEE , opinion of the Court: 1 L.N. is the alleged victim of the sex crimes charged in this criminal case against Michael Adam Brown. In the proceedings below, L.N. sought to intervene by filing a notice of a claim for restitution. The district court rejected L.N.'s filing on the ground that she was not a proper party and thus lacked standing to file pleadings. It also denied a parallel request for restitution filed by the State, concluding that the travel expenses and lost wages...
Chief Justice DURRANT, opinion of the Court: Introduction 1 This case presents two related issues: (1) must the prosecution provide proof of a conviction to establish that a defendant failed to comply with a plea in abeyance condition prohibiting any further violations of law; 1 and (2) what standard of proof must the prosecution meet in order to establish that a defendant failed to comply with a condition in a plea in abeyance agreement. The court of appeals reached only the first issue,...
Justice LEE, opinion of the court: 1 This case comes to us on a petition for extraordinary relief from a case originating in justice court. The underlying justice court proceedings involved misdemeanor charges against Cecil Ralphs under lewdness provisions of the criminal code. An earlier lewdness case culminated in a conviction in justice court in 2010. When Ralphs was subject to further lewdness charges in 2011 and 2012, he was charged with felonies in light of his prior convictions. And...
Associate Chief Justice NEHRING, opinion of the Court: INTRODUCTION 1 Mr. Ramiro Oseguera-Garcia Jr. (Mr. Oseguera) 1 was a lawful permanent resident of the United States when he pleaded guilty to felony theft in January 2002. In 2010, Mr. Oseguera was arrested by Immigration and Customs Enforcement and Mr. Oseguera's 2002 felony theft conviction. Mr. Oseguera filed for relief under the Utah Post-Conviction Remedies Act (PCRA) seeking to withdraw his guilty plea to theft. Mr. Oseguera...
Associate Chief Justice NEHRING, opinion of the Court: INTRODUCTION 1 Plaintiffs Summerhaze Company, L.C.; Antion Financial, L.C.; Mr. Douglas M. Durbano; Durbano Development, L.C.; Durbano Law Firm, P.C.; and, Durbano Properties, L.C. (collectively Plaintiffs) appeal from the entry of summary judgment in favor of the Federal Deposit Insurance Corporation (FDIC), successor to America West Bank, L.C. (Bank). We are asked to decide whether the district court erred when it concluded that it...
Justice DURHAM, opinion of the Court: INTRODUCTION 1 This case comes to us as another installment in the ongoing dispute surrounding land owned by the United Effort Plan Trust (Trust) located in Hildale, Utah. In early 2007, appellee Bruce Wisan, court-appointed trustee of the Trust, filed a complaint against the City of Hildale (Hildale) and the Twin City Water Authority (TCWA) to compel the subdivision of certain parcels of Trust property located within Hildale's boundaries. When...
Associate Chief Justice NEHRING, opinion of the Court: INTRODUCTION 1 Plaintiffs Lori Ramsay and Dan Smalling sued various parties based on the alleged failure of their employer, Kane County Hospital, to fund their retirement benefits at the level required by the Utah State Retirement and Insurance Benefit Act. The district court dismissed Plaintiffs' claims for lack of jurisdiction because Plaintiffs conceded they had not exhausted their administrative remedies. The court of appeals...
Justice LEE, opinion of the Court: 1 In this case we are asked to determine the viability of the so-called multi-employer worksite doctrine under the Utah Occupational Safety and Health Act (UOSHA). The doctrine makes a general contractor responsible for the occupational safety of all workers on a worksite — even those who are not the contractor's employees. Federal OSHA regulations adopt this doctrine, and federal courts have upheld it as consistent with the governing federal statute. But...
