Kodiak America LLC v. Summit Cty., 2021 UT App 47 (Apr. 15, 2021)

This appeal arose from Kodiak America LLC’s challenge to a land-use determination by Summit County.  The county argued that Kodiak’s challenge was barred by res judicata, citing a prior proceeding addressing the same land-use determination in which Kodiak was denied intervention because the county adequately represented Kodiak’s interests.  The county insisted that the determination of adequate representation in the prior proceeding meant that the county and Kodiak were also in privity for purposes of res judicata. The Utah Court of Appeals rejected this equivalency, reasoning that privity requires two parties to have “the same legal right or legal interest,” while intervention under Utah R. Civ. P. 24(a) requires only a shared “interest in the same outcome of litigation regardless of motivation or their respective legal rights.”