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Rocky Ford v. Kents Lake, 2019 UT 31 (July 11, 2019)

Jul 11, 2019

Rocky Ford is a downstream user of water rights from the Bear River.  Kents Lake is an upstream user.  The two entities had entered into various agreements over several decades.  With the advent of sprinkler irrigation, as compared to traditional…

Biesele v. Mattena, 2019 UT 30 (July 10, 2019)

Jul 10, 2019

In this appeal from a jury verdict involved tort claims arising out of an inheritance, the court held that, absent a request for apportionment of fault by a party, the Liability Reform Act does not preclude the district court from…

A.N. v. Syling, 928 F.3d 1191 (10th Cir. July 8, 2019)

Jul 8, 2019

Police officer defendants appealed the district court’s denial of their motion to dismiss the plaintiff’s class-of-one equal protection claim on the basis of qualified immunity.  The Tenth Circuit rejected the defendants’ argument that the plaintiff had failed to establish a…

Evans v. Sandy City, 928 F.3d 1171 (10th Circuit July 5, 2019)

Jul 5, 2019

The court held that a panhandling ordinance prohibiting standing or sitting on unpaved medians was not an unconstitutional restriction on free speech because it was a content-neutral restriction, narrowly tailored to the City’s interest in protecting pedestrian safety.

Gardner v. Gardner, 2019 UT 28 (June 27, 2019)

Jun 27, 2019

The district court reduced the amount of alimony awarded to the wife based on wife’s “fault” that “substantially contributed” to the demise of the marriage.  The Utah Supreme Court interpreted the statutory requirement that the fault “substantially contributed to the…

Wilson v. Sanders, 2019 UT App 111 (June 26, 2019)

Jun 26, 2019

The appellants sought to challenge the trial court’s denial of their Rule 60 motion to vacate a judgment that was entered after a jury trial.  The court of appeals concluded that it lacked jurisdiction to consider the appeal because the…

State v. Squires, 2019 UT App 113 (June 20, 2019)

Jun 20, 2019

The defendant was convicted of four communications fraud counts and one count of pattern of unlawful activity related to enticing his uncle to post property as collateral on a real estate investment hard money loan with the collateral ultimately lost. …