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Wade S. Winegar And Sandra Winegar, Individuals, Plaintiffs And Appellants, V. Springville City, A Municipal Corporation Of The State Of Utah, Bill Child, An Individual, And Jason Riding, An Individual. Defendants And Appellees : Appellant's Reply, Utah Court Of Appeals Dec 2016

Wade S. Winegar And Sandra Winegar, Individuals, Plaintiffs And Appellants, V. Springville City, A Municipal Corporation Of The State Of Utah, Bill Child, An Individual, And Jason Riding, An Individual. Defendants And Appellees : Appellant's Reply, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY

APPEAL FROM SUMMARY JUDGMENT DISMISSAL ENTERED MARCH 30,
2016 BY THE FOURTH JUDICIAL COURT, STATE OF UTAH, UTAH COUNTY,
THE HONORABLE CLAUDIA LAYCOCK


Sam Pino, Jeanne R. Thomas, Todd Palmer, And Jodie Palmer Plaintiffs/Appellants, Vs. Entity #4812420-0140, Commonly Known As The Well Corporation, A Utah Nonprofit Corporation Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Sam Pino, Jeanne R. Thomas, Todd Palmer, And Jodie Palmer Plaintiffs/Appellants, Vs. Entity #4812420-0140, Commonly Known As The Well Corporation, A Utah Nonprofit Corporation Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

APPEAL FROM SUMMARY JUDGMENT
ENTERED IN THE UTAH THIRD JUDICIAL DISTRICT COURT,
SALT LAKE COUNTY, HONORABLE ROBERT FAUST


Thomas K. True And Melissa L. True, Appellants, V. Utah Department Of Transportation, Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Thomas K. True And Melissa L. True, Appellants, V. Utah Department Of Transportation, Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

RESPONSE BRIEF

On appeal from a final judgment of the Second Judicial District Court,
Weber County, State of Utah, the Honorable Joseph M. Bean presiding


Conocophillips Company And Pioneer Pipe Line Company, Plaintiffs And Appellees, V. Utah Department Of Transporation And Ames Construction, Inc., Defendants And Appellants. : Brief Of Appellees, Utah Court Of Appeals Dec 2016

Conocophillips Company And Pioneer Pipe Line Company, Plaintiffs And Appellees, V. Utah Department Of Transporation And Ames Construction, Inc., Defendants And Appellants. : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES

On Appeal from the Second Judicial District Court, Davis County, State of
Utah, Honorable Thomas L. Kay, District Court No. 120700141


Richard Hardy Plaintiff And Appellant, V. Jeremy Montgomery, Julie Montgomery, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Richard Hardy Plaintiff And Appellant, V. Jeremy Montgomery, Julie Montgomery, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANTS

APPEAL FROM THE
TRIAL FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
THE HONORABLE JUDGE HARMOND - SEVENTH JUDICIAL DISTRICT COURT
IN AND FOR CARBON COUNTY, STATE OF UTAH


Utah State Engineer; Central Utah Water Conservancy District; Metropolitan Water District Of Salt Lake And Sandy; Provo River Water Users Association; Utah Lake Distributing; And The United States Of America, Appellees V. Evan Johnson, Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Utah State Engineer; Central Utah Water Conservancy District; Metropolitan Water District Of Salt Lake And Sandy; Provo River Water Users Association; Utah Lake Distributing; And The United States Of America, Appellees V. Evan Johnson, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

In the matter of the general determination of all the rights to the use of water, both
surface and underground, within the drainage area of the Utah Lake and Jordan River
in Utah, Salt Lake, Davis Summit, Wasatch, Sanpete, and Juab Counties, in Utah.
Juab-Goshen Valley Division, Goshen Valley Subdivision, Area 53, Book 1

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, IN AND
FOR SALT LAKE COUNTY, UTAH (HON. LAURA SCOTT)

ANSWERING BRIEF FOR THE UNITED STATES OF AMERICA


Carol H. Peterson, Trustee Of The Larry A. And Carol H. Peterson Family Trust, Uad, February 7, 2003, Plaintiff/Appellee, V. Mark A. Pierce; Julie D. Pierce, And John Does 1-5, Defendants/Appellants. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Carol H. Peterson, Trustee Of The Larry A. And Carol H. Peterson Family Trust, Uad, February 7, 2003, Plaintiff/Appellee, V. Mark A. Pierce; Julie D. Pierce, And John Does 1-5, Defendants/Appellants. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLEE

Appeal from the Fourth District Court, Millard County,
Judge Jennifer A. Brown


State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Jeremy Bowden, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for attempted aggravated murder, a
first degree felony; receiving a stolen vehicle and obstruction
of justice, both second degree felonies; four counts of
discharging a firearm, all third degree felonies; and failure to
stop at the command of law enforcement, a class A
misdemeanor, in the Third Judicial District, Salt Lake County,
the Honorable Douglas Hogan presiding


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on March 1, 2016, in the First
District Court, Box Elder County, the Honorable Brandon J. Maynard, presiding

ORAL ARGUMENT REQUESTED


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Reply Brief, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on March 1, 2016, in the First
District Court, Box Elder County, the Honorable Brandon J. Maynard, presiding

ORAL ARGUMENT REQUESTED


Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Dec 2016

Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

BYU Law Review

This Article argues that a principled, efficient, and practical definition of corporate residence is necessary even if some form of corporate integration is adopted, and that such a definition is a key element in designing either a real worldwide or a territorial income tax system as well as a potential restraint on the inversion phenomenon. The Article proposes that the United States adopt a shareholder-based definition of corporate residence that is structured as follows: 1. A foreign corporation is a U.S. tax resident for any year if fifty percent or more of its shares, determined by vote or value, was …


Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin Dec 2016

Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin

BYU Law Review

The disconnect between the rules for the taxation of domestic businesses and foreign and foreign-owned businesses operating in the United States both diminishes the federal treasury and distorts taxpayer and business behavior. Yet bringing the sets of rules into closer coordination is no simple task. This Article examines many of the solutions proffered in the academic literature and details the difficulties and trade-offs that each entails.


The Hostile Poison Pill, A. Christine Hurt Dec 2016

The Hostile Poison Pill, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Dec 2016

Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

Faculty Scholarship

Reform of the U.S. international income taxation system has been a hotly debated topic for many years. The principal competing alternatives are a territorial or exemption system and a worldwide system. For reasons summarized in this article, we favor worldwide taxation if it is real worldwide taxation – i.e., a non-deferred U.S. tax is imposed on all foreign income of U.S. residents at the time the income in earned. This approach is not acceptable, however, unless the resulting double taxation is alleviated. The longstanding U.S. approach for handling the international double taxation problem is a foreign tax credit limited to …


R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni Dec 2016

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.


Gina M. Arnold And Charlie S. Ariiold, Plaintiffs And Appellant/Crossappellee, Vs. Gary B. Wliite, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. Defendants And Appellee/Crossappellant., Utah Supreme Court Dec 2016

Gina M. Arnold And Charlie S. Ariiold, Plaintiffs And Appellant/Crossappellee, Vs. Gary B. Wliite, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. Defendants And Appellee/Crossappellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE EIGHTH DISTRICT COURT, DUCHESNE COUNTY, THE HON. SAMUEL P. CIDARA, CML NO. 020800066


Build Inc., Appellant, V. Ut Ah Department Of Transportation, Clyde-Geney A Constructors, W.W. Clyde & Co., And Geneva Rock Products, Inc., Appellees., Utah Court Of Appeals Dec 2016

Build Inc., Appellant, V. Ut Ah Department Of Transportation, Clyde-Geney A Constructors, W.W. Clyde & Co., And Geneva Rock Products, Inc., Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Ryan Harris, District Court No. 090904101


Sunset Hollow Owners Association, A Utah Non-Profit Corporation, Plaintiff/Petitioner, Vs. Utah Home Builders Llc, Et Al., Defendans/Appellees, Utah Court Of Appeals Dec 2016

Sunset Hollow Owners Association, A Utah Non-Profit Corporation, Plaintiff/Petitioner, Vs. Utah Home Builders Llc, Et Al., Defendans/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Fourth Judicial District Court, Utah County, Honorable Fred D. Howard, District Court No. 14041530


Scott Bell And Todd Bell, Plaintiffs, Vs. Wesley Lewis And Jordan Construction, Inc., Defendants., Utah Supreme Court Dec 2016

Scott Bell And Todd Bell, Plaintiffs, Vs. Wesley Lewis And Jordan Construction, Inc., Defendants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Fourth District Court, Utah County, Judge Christine S. Johnson, from Order Denying Third-Party Plaintiff's Motion/or Attorney's Fees, and Granting Third-Party Defendants' Motion for Entry of Final Judgm~nt and Final Judgment


Scott Bell And Todd Bell, Plaintiffs, Vs. Wesley Lewis And Jordan Construction, Inc., Defendants, Utah Supreme Court Dec 2016

Scott Bell And Todd Bell, Plaintiffs, Vs. Wesley Lewis And Jordan Construction, Inc., Defendants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Fourth District Court, Utah County, Judge Christine S. Johnson, from Order Denying Third-Party Plaintiff's Motionfor Attorney's Fees, and Granting ThirdParty Defendants' Motion for Entry of Final Judgment and Final Judgment


Zen Healing Arts, Llc., D/B/A Beaches Bodyworks, Jeff Stucki, And Leisa Metcalf Plaintiffs/Appellants Vs. Utah Department Of Commerce, Division Of Occupational And Professional Licensing Defendant/Appellee, Utah Court Of Appeals Dec 2016

Zen Healing Arts, Llc., D/B/A Beaches Bodyworks, Jeff Stucki, And Leisa Metcalf Plaintiffs/Appellants Vs. Utah Department Of Commerce, Division Of Occupational And Professional Licensing Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third Judicial District Court Hon. Barry Lawrence No. 120900860


State Of Ut Ah, Plaintiff/ Appellee, V. Richard Simon Garoa, Defendant/Appellant., Utah Court Of Appeals Dec 2016

State Of Ut Ah, Plaintiff/ Appellee, V. Richard Simon Garoa, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a sentence following a guilty plea to aggravated robbery, a first degree felony, in the Third Judicial District, Salt Lake County1 the Honorable Paul B. Parker, presiding


Larry Harmon, Petitioner-Appellant Vs. Utah Board Of Pardons And Parole, Respondent-Appellee, Utah Court Of Appeals Dec 2016

Larry Harmon, Petitioner-Appellant Vs. Utah Board Of Pardons And Parole, Respondent-Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third Judicial District Court The Honorable Todd M. Shaughnessy presiding Case No. 150903620


David Larsen, Plaintiff/Appellant, Vs. Davis County School District, Defendant/Appellee, Utah Court Of Appeals Dec 2016

David Larsen, Plaintiff/Appellant, Vs. Davis County School District, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Second Judicial District Court Davis, County, State of Utah, Honorable John Morris Case No. 150700222


State Of Utah, Plaintiff/ Appellee, V. Roger Wayne Simmons, Defendant/ Appellant., Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/ Appellee, V. Roger Wayne Simmons, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for Driving Under the Influence of Alcohol/Drugs, a third degree felony, Alcohol Restricted Driver, a class B misdemeanor, and Operating a Motor Vehicle Without an Ignition Interlock System in the Third District Court, State of Utah, the Honorable Richard McKelvie,Judge, presiding.


State Of Utah, Plaintiff/ Appellee, V. Roger Wayne Simmons, Defendant/ Appellant., Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/ Appellee, V. Roger Wayne Simmons, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for Driving Under the Influence of Alcohol/Drugs, a third degree felony, Alcohol Restricted Driver, a class B misdemeanor, and Operating a Motor Vehicle Without an Ignition Interlock System in the Third District Court, State of Utah, the Honorable Richard McKelvie,Judge, presiding.


Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robertredford;Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X . Defendants/ Appellees., Utah Supreme Court Dec 2016

Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robertredford;Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X . Defendants/ Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI FROM UTAH COURT OF APPEALS The Honorable Frederick Voros, Presiding


Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court Dec 2016

Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

From the Utah Court of Appeals February 25,2016 ruling reversing the final decision of the Utah Fourth District Court


Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robertredford;Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X . Defendants/ Appellees., Utah Supreme Court Dec 2016

Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robertredford;Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X . Defendants/ Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI FROM UTAH COURT OF APPEALS The Honorable Frederick Voros, Presiding


Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court Dec 2016

Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

FROM THE UTAH COURT OF APPEALS' FEBRUARY 25, 2016 RULING REVERSING THE FINAL DECISION OF THE UTAH FOURTH JUDICIAL DISTRICT COURT