Opinion TOOMEY , Judge : 1 In this opinion we must decide whether the district court correctly granted summary judgment to Gateway Community Church (Gateway) in determining Gateway owed no duty to a trespasser, either imposed by a city ordinance or under common law, and whether the court abused its discretion in its rulings on the parties' motions to strike certain testimony. We affirm. BACKGROUND 2 In June 2012, sixteen-year-old A.C. and two of his cousins climbed a ladder onto the...
Opinion TOOMEY , Judge : 1 In this appeal, we must determine whether the district court correctly granted summary judgment in favor of Spanish Fork City (the City) based upon Carole and James Marziales' (Plaintiffs) failure to timely file their complaint. Because we determine that the complaint was filed within the period prescribed by the statute of limitations under the Governmental Immunity Act of Utah, we reverse. BACKGROUND 2 Carole Marziale fell at the Spanish Fork City Sports...
Opinion TOOMEY , Judge : 1 In this case we must determine whether the district court properly approved two change applications requesting to change the points of diversion and the nature of use of water already appropriated to Kane County Water Conservancy District and San Juan County Water Conservancy District (collectively, the Districts). We conclude that it did and therefore affirm. BACKGROUND 2 The Districts have leased their existing water rights to Blue Castle Holdings Inc....
Opinion ORME , Judge : 1 Appellant Rychelle Mary Hawker (Defendant) conditionally pled guilty to possession of a controlled substance, a third degree felony, and sexual solicitation, a class A misdemeanor. See Utah Code Ann. 58-37-8, 76-10-1313 (LexisNexis 2012). 1 She conditioned her plea on the right to appeal a ruling by the district court, which concluded as a matter of law that the sexual solicitation statute proscribed the conduct at issue. Defendant now exercises that right...
Opinion CHRISTIANSEN , Judge : 1 Salt Lake City Corporation (the City) petitions for judicial review of the Salt Lake City Civil Service Commission's (the Commission) decision reversing the termination of Officer Thomas Gallegos's employment with the Salt Lake City Police Department (the Department). Because the Commission applied an incorrect legal standard, we set aside the resulting decision, and direct the Commission to reconsider the matter. BACKGROUND 2 Between 2009 and 2012,...
Opinion ORME , Judge : 1 Spring Gardens Inc. appeals the district court's grant of summary judgment to Security Title Insurance Agency of Utah Inc. on a claim of negligence against Security Title and the district court's denials of Spring Gardens' separate rule 56(f) 2 motion for additional time to conduct discovery and its rule 54(b) motion for reconsideration of the court's summary judgment decision. The instant case arises from the fact that Security Title did not record a trust...
Opinion TOOMEY , Judge : 1 This case involves a dispute between property owners and the contractor they hired to install a pool and other outdoor features in their backyard. There are two main issues on appeal. First, we must decide whether the trial court correctly determined that the parties entered into an enforceable settlement agreement. And second, we must determine whether the court erred when it declined to sanction the plaintiffs and their lawyer for dishonesty. We affirm the...
Memorandum Decision BENCH , Senior Judge : 1 David Olsen, Rosemary Olsen, and Rick Margolis (collectively, Appellants) challenge the district court's grant of summary judgment in favor of Park City Municipal Corporation (Park City) and Valley of Love LLC (collectively, Appellees). We affirm. 2 Valley of Love owns three adjacent parcels of real property on Empire Avenue in Park City, Utah. The two smaller parcels, consisting of 2,221 and 1,676 square feet, border Empire Avenue. The...
Memorandum Decision CHRISTIANSEN , Judge : 1 Defendant Dennis J. Garcia crashed a car, killing his friend. After being convicted of automobile homicide and serving the resulting prison sentence, Garcia was ordered to pay $7,000 toward the victim's funeral expenses. Defendant moved to set aside that order, but the trial court determined that it no longer had jurisdiction over Garcia's case. Defendant appeals and we affirm. 2 After the single-vehicle crash in March of 2006 killed...
Memorandum Decision ORME , Judge : 1 Gregory Kent Howell (Defendant) appeals his conviction and sentence on three counts of securities fraud and one count of pattern of unlawful activity, for which the trial court sentenced him to four concurrent prison terms of one to fifteen years. We affirm. 2 In 2006, Defendant and his former colleague (Codefendant) sought to buy and complete a large residential development known as the Fruitland Project. They solicited investors by overstating...
Opinion ORME , Judge : 1 This appeal comes to us from the district court's grant of summary judgment in favor of 2010-1 RADC/CADC Venture, LLC (RADC). Appellants challenge the summary judgment on a number of grounds. We affirm. BACKGROUND 2 The pertinent facts of this case are undisputed. In 2007, Appellants Dos Lagos, LLC, and Mellon Valley, LLC, (Borrowers) received a $2.5 million loan from America West Bank. The loan was personally guaranteed by Appellants Roland N. Walker, Sally...
Opinion CHRISTIANSEN , Judge : 1 This case concerns a dispute over the proceeds from subsurface mineral rights. Nearly twenty-five years after Gordon Warren Womack passed away, and twenty-two years after the court entered an amended order closing his estate, Womack's son filed a petition to interpret his will. Some of Womack's grandchildren opposed that petition. The district court determined that the petition sought to add language to Womack's will and was thus an attempt to replace or...
Memorandum Decision TOOMEY , Judge : 1 In this appeal, 1 we must decide whether the Salt Lake City Civil Service Commission (the CSC) erred when it determined it lacked jurisdiction to review Greg Hollenbach's appeal of his discharge from the Salt Lake City Police Department (the City). The CSC made this determination because it received Hollenbach's appeal in the mail one day after the deadline for filing an appeal. Because we conclude that when an appeal is mailed to the CSC, a post...
Memorandum Decision GREENWOOD , Senior Judge : 1 Micaela Beth Lawless (Defendant) was convicted of violating Sandy City ordinance 5-18-3 when she performed as an escort without first obtaining a Sexually Oriented Business License from Sandy. Defendant now appeals, challenging the constitutionality of the state statute that grants Sandy the authority to require such a license. See Utah Code Ann. 10-8-41.5 (LexisNexis 2012). Because Defendant did not preserve the arguments in the...
Opinion BENCH , Senior Judge : 1 Westwater Farms, LLC (Westwater) appeals the district court's grant of summary judgment in favor of Electrical Contractors, Inc. (ECI) and its denial of Westwater's motion to submit supplemental affidavits and documents in opposition to summary judgment. We affirm. BACKGROUND 2 In September 2010, Westwater, through its managing members, Thomas Warnes and Carl Borgstrom, allegedly entered into an oral contract with ECI pursuant to which ECI would...
Memorandum Decision BENCH , Senior Judge : 1 Joshua M. Robertson challenges the trial court's ruling in favor of his ex-wife, Rachael Linares (fka Robertson), determining that it was in the children's best interests to relocate to Colorado with Linares. We affirm. 2 I. Motion to Continue 2 Robertson first argues that the trial court abused its discretion by denying his motion to continue the trial. "We review a trial court's decision on a motion to continue for an abuse of...
Memorandum Decision ROTH , Judge : 1 On October 22, 2009, Martie Breivik, who was employed at the time as a medical secretary at Utah Valley Specialty Hospital, fell while walking in to work and hit her right hand on the cement ground, causing her to "hyper extend[ ] her right small finger [and] right ring finger." There is no dispute that her fall was an industrial accident covered by Utah's Workers' Compensation Act. The following month, an MRI revealed ligament damage to her hand but...
Opinion TOOMEY , Judge : 1 Tradesmen Contractors, LLC appeals from a jury verdict in favor of CDC Restoration & Construction, LC. The jury found that Tradesmen misappropriated CDC's information. We affirm. BACKGROUND 1 2 CDC specializes in concrete repair and coatings. Between 2003 and 2005, it had a contract to perform concrete repair and restoration work at a refinery owned by Kennecott Utah Copper Corporation (Kennecott). As part of this arrangement, CDC and Kennecott entered...
Opinion BENCH , Senior Judge . 1 Mark Phillip Tingey appeals the trial court's ruling on his motion to suppress statements he made during a police interrogation. We affirm. BACKGROUND 2 In February 2011, Deputy O'Hara of the Utah County Sheriff's Office located an IP address in Utah County that had shared a number of known child pornography files. He learned that the IP address was assigned to a Brigham Young University (BYU) student living in university housing. Deputy O'Hara obtained...
Opinion VOROS , Judge : 1 After being reassured repeatedly and prominently in writing that her employer would take no adverse action against any employee for bringing a complaint to the home office — and in fact that the employer viewed not reporting violations of company policy as misconduct — appellant Lucinda D. Reynolds reported that her immediate supervisor had directed her to act in violation of company policy and applicable law. She was fired two weeks later. The district court...
