Digital Commons Network^™

Spanish Fork City Plaintiff/ Appellee V. Christian Jackson Defendant Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ANA BURGIS, TANNER PREECE, Counsel for Appellee

NATHAN E. BURDSAL, HUTCH U. FALE, Counsel for Appellant

State Of Utah V. Lowery : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County, Honorable William Kendall, District Court No. 181404643 Mr. Lowery is incarcerated.

Sean Reyes UTAH ATTORNEY GENERAL Counsel for Appellee

Emily Adams (14937) Rachel Phillips Ainscough (16546) THE APPELLATE GROUP Counsel for Appellant

State Of Utah Plaintiff/ Appellee V. Gregory Joseph Cover Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Third Judicial District, Silver Summit, Summit County

Marian Decker, Attorney for Appellee

Nicolas C. Wilde, Attorney for Appellant

Trishna Paulson, Petitioner/ Appellant V. Christopher Paulson, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Utah County, Utah Honorable Christine S. Johnson, Presiding

Rodney R. Parker, Attorneys for Appellant

Ordinary Meaning As Last Resort: The Meaning Of "Undue Hardship" In Title Vii, James Phillips

BYU Law Review

Ordinary meaning reigns supreme in modern statutory interpretation. Yet that supremacy can cause an interpreter to miss specialized meaning. And the Supreme Court has never fully clarified when ordinary meaning must give way to specialized or technical meaning.

This Article attempts to provide doctrinal clarification as to when one should use ordinary as opposed to other meanings through putting the doctrinal pieces together in a full and coherent way. That doctrinal clarity leads to a methodological refinement: rather than the starting point, ordinary meaning is the ending point of statutory interpretation.

This Article applies this doctrine and methodology, as well …

Full Issue

BYU Law Review

No abstract provided.

Where Do Families Come From? The Law Of Family Definition, Katharine Baker

BYU Law Review

Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …

Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain, Aerin Christensen

BYU Law Review

In the wake of the U.S. Supreme Court’s decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners.

The plaintiff’s experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah’s statutory …

Michael Cook An V. Ivins City : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes ATTORNEYS FOR APPELLANTS

Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Honorable Mark Kouris, District Court No. 224906380

Dennis R. James, Counsel for Appellant

David M. Corbett, Counsel for Appellee

Amber Montgomery, An Individual, Appellant/ Cross-Appellee V. Dr. Jeffrey P. Gardiner, D.O., An Individual, And Utah Valley Eye Center, Inc., A Utah Corporation, Appellees/ Cross-Appellants : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order and Judgment of the Fourth Judicial District Court In and for Utah County, State of Utah Judge Hon. Robert Lund

Justin D. Heidman, Justin R. Elswick, Attorneys for Appellant/Cross-appellee

Kirk G. Gibbs, Devin H. Geier, Attorneys for Appellees/Cross-appellants

State Of Utah, Plaintiff/ Appellee V. Julie Starr Bland, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Craig Hall, District Court No. 201902050

Stephen Starr, Steven Lee, Counsel for Appellee

Emily Adams, Anna Grigsby, Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Cory Jason Thomas, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Judge Hyde, District Court No. 211900875

Christopher F. Allred, Benjamin Gabbert, Counsel for Appellee

Hannah Leavitt-Howell, Jessica Hyde Holzer, Counsel for Appellant

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY HONORABLE DEREK P. PULLAN, DISTRICT COURT NO. 220400578

Sean N. Egan, Attorney for Appellees

Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Amended 10(c) Reply Memorandum

Benjamin Miller, Debra M. Nelson, Mackenzie Skye Mcbride, Attorneys for Mr. Sanchez

State Of Utah, Plaintiff/ Appellee V. Eddie Michael Clegg, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Carbon County, Honorable Joseph Bean, District Court No. 211903061

Christopher F. Allred, Steven Austin Lee, Counsel for Appellee

Emily Adams, Freyja Johnson, Hannah Leavitt-Howell, Counsel for Appellant

North Park Holdings, Llc Appellant V. Duke Rental Co, Llc, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT CACHE COUNTY, STATE OF UTAH HONORABLE SPENCER WALSH

Matthew N. Evans, Attorneys for Appellee

Joseph M. Chambers, Attorneys for Appellant

Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Third Judicial District Court Salt Lake County, Honorable Mark Kouris

Dennis R. James, Attorney for Appellant

David Corbett, Attorney for Appellee

State Of Utah, Plaintiff And Appellee V. Roy Benjamin Levering, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A FINAL SENTENCE, JUDGMENT AND COMMITMENT ENTERED BY THE HONORABLE JUDGE JEFFREY C WILCOX, FIFTH JUDICIAL DISTRICT COURT IN AND FOR WASHINGTON COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Appellant

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLANT ON APPEAL FROM SUMMARY JUDGMENT ENTERED BY THE HONORABLE DEREK

Sean N. Egan, Attorney for Defendants, Nate D. Ashcraft, Denver C. Snuffer, William T. Jennings

DAVID DRAKE, Attorneys for Afsanteen, L.L.C

Lisa Miner, Petitioner/ Appellee V. John Miner, Respondent/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Washington County, Honorable Jeffrey C. Wilcox, District Court No. 174500373

Rodney R. Parker, Attorney for Appellant

N. Adam Caldwell, G. Michael Westfall, Attorneys for Appellee

Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPELLEE’S RULE 10(c) PRINCIPAL MEMORANDUM IN SUPPORT OF AFFIRMATION

SIM GILL, ETHAN RAMPTON,

State Of Utah, Plaintiff/ Appellee V. Eddie Michael Clegg, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF THE APPELLEE On Appeal from the Second Judicial District Court, Weber County, Honorable Joseph M. Bean, Court No. 211903061

Christopher F. Allred, Steven A. Lee, Attorneys for Respondent/ Appellee State of Utah

Emily Adams, Freyja Johnson, Attorneys for Defendant/Appellant

State Of Utah Plaintiff/ Appellee V. Gregory Joseph Cover Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for child abuse, a class A misdemeanor, in the Third Judicial District, Summit County, the Honorable Richard Mrazik presiding

NICOLAS C. WILDE, Counsel for Appellant

MARIAN DECKER, SEAN D. REYES, JOSEPH HILL, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Judge Bean, District Court No. 221902529

Sean Reyes, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Anna Grigsby, Counsel for Appellant

David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN CIVIL NO. 210901418

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

Sandra Lee Carlson Appellee V. Patrick Alfred Carlson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal Of Final Orders in Divorce Decree Second District Court Weber County, State of Utah Honorable Noel S. Hyde

Trevor Casperson, Patrick Carlson (Appellant)

Sandra Lee Carlson (Appellee),

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Petition for Review of Final Decision of the Utah State Tax Commission

Erin Middleton Assistant Solicitor General Michelle Lombardi Assistant Attorney General Attorneys for Respondent Utah State Tax Commission Bradley C. Johnson Timothy A. Bodily Deputy District Attorneys Attorneys for Respondent Board of Equalization of Salt Lake County

Samuel A. Lambert (11915) Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory

Sandra Lee Carlson Appellee V. Patrick Alfred Carlson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Honorable Noel S. Hyde

Appeal Of Final Orders in Divorce Decree Second District Court Weber County, State of Utah Honorable Noel S. Hyde ________________________________________________________________________ Trevor Casperson Jason Schow Solon Law, PLLC. Kauffman, Nichols & Kaufman, PLLC Attorney for Appellant

Vicki Jo Nelson Appellee/ Petitioner V. James Q. Nelson Appellant/ Respondent : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a decree of divorce in the Third Judicial District Court, Case No. 214905299, the Honorable Patrick Corum presiding

Jonathan Good, Attorney for Appellee Vicki Jo Nelson

Douglas B. Thayer, David B. Nielson, Jessica Griffin Anderson, Attorneys for James Q. Nelson