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Taylorsville City v. Mitchell, 2020 UT 26 (May 14, 2020)

May 14, 2020

On certiorari, the supreme court rejected the appellant’s constitutional challenges to Utah Code § 78A-7-118(8), which provides for a hearing de novo in the district court on justice court convictions, but forecloses further appeal unless the district court rules on the constitutionality of a statute or ordinance.  The court exercised its discretion to reach the merits of the appellant’s arguments even though they were not preserved, because the appellee briefed the merits and failed to object to the lack of preservation.