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5 Utah opinions name it 2 courts 2000–2024 2 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jenkins v. Swangreen2 sentences2024Stated differently, where a plaintiff argues that a statute has been violated, the plaintiff must be within the class of parties that the 12 Cite as: 2024 UT 17 Opinion of the Court legislature authorized to file suit for such a statutory violation, and “the presence of traditional or alternative standing will not cure a statutory standing deficiency.” McKitrick, 2021 UT 48, ¶ 2 . ¶44 Here, the Landowners claim to have “a private right of action for declaratory relief.” However, the Declaratory Judgment Act “merely authorizes a new form of relief.” Jenkins v. Swan, 675 P.2d 1145, 1148 (Utah 19 2024Stated differently, where a plaintiff argues that a statute has been violated, the plaintiff must be within the class of parties that the 12 Cite as: 2024 UT 17 Opinion of the Court legislature authorized to file suit for such a statutory violation, and “the presence of traditional or alternative standing will not cure a statutory standing deficiency.” McKitrick, 2021 UT 48, ¶ 2 . ¶44 Here, the Landowners claim to have “a private right of action for declaratory relief.” However, the Declaratory Judgment Act “merely authorizes a new form of relief.” Jenkins v. Swan, 675 P.2d 1145, 1148 (Utah 19 | 2 | 2 |
Prows v. Stategreen1 sentence2002See id. ¶ 8 Landowners challenge the district court's ruling that "jurisdiction was not properly invoked pursuant to the Utah Governmental Immunity Act." 3 Whether the district court erred in concluding it did not have jurisdiction presents a question of law, which we review for correctness. | 1 | 1 |
Wheeler v. McPhersongreen2 sentences2002See Wheeler v. McPherson, 2002 UT 16, ¶ 9 , 40 P.3d 632 . 2002See Wheeler v. McPherson, 2002 UT 16, ¶ 9 , 40 P.3d 632 . | 1 | 1 |
Falula Farms, Inc. v. Ludlowgreen1 sentence2000In reviewing the trial court's conclusions of law, we accord them no particular deference but review them for correctness." Falula Farms, Inc. v. Ludlow, 866 P.2d 569, 571 (Utah Ct.App. 1998). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Buckner v. Kennard
green
2 sentences2024In fact, “Utah courts have rarely, if ever, found a Utah statute to grant an implied private right of action.” Buckner, 2004 UT 78, ¶ 43 . ¶48 The Landowners claim to have “a private right of action that is expressly referenced in Utah Code § 10-2a-217(2)(b)(ii).” The relevant portion of the incorporation code provides as follows: (b) Notwithstanding any other provision of law, a city is conclusively presumed to be lawfully incorporated and existing if, for two years following the city’s incorporation: (i)(A) the city has levied and collected a property tax; or (B) for a city incorporated on o 2024In fact, “Utah courts have rarely, if ever, found a Utah statute to grant an implied private right of action.” Buckner, 2004 UT 78, ¶ 43 . ¶48 The Landowners claim to have “a private right of action that is expressly referenced in Utah Code § 10-2a-217(2)(b)(ii).” The relevant portion of the incorporation code provides as follows: (b) Notwithstanding any other provision of law, a city is conclusively presumed to be lawfully incorporated and existing if, for two years following the city’s incorporation: (i)(A) the city has levied and collected a property tax; or (B) for a city incorporated on o | 2 | 2024–2024 |
Bleazard v. Henderson
green
2 sentences2024Stated differently, where a plaintiff argues that a statute has been violated, the plaintiff must be within the class of parties that the 12 Cite as: 2024 UT 17 Opinion of the Court legislature authorized to file suit for such a statutory violation, and “the presence of traditional or alternative standing will not cure a statutory standing deficiency.” McKitrick, 2021 UT 48, ¶ 2 . ¶44 Here, the Landowners claim to have “a private right of action for declaratory relief.” However, the Declaratory Judgment Act “merely authorizes a new form of relief.” Jenkins v. Swan, 675 P.2d 1145, 1148 (Utah 19 2024Stated differently, where a plaintiff argues that a statute has been violated, the plaintiff must be within the class of parties that the 12 Cite as: 2024 UT 17 Opinion of the Court legislature authorized to file suit for such a statutory violation, and “the presence of traditional or alternative standing will not cure a statutory standing deficiency.” McKitrick, 2021 UT 48, ¶ 2 . ¶44 Here, the Landowners claim to have “a private right of action for declaratory relief.” However, the Declaratory Judgment Act “merely authorizes a new form of relief.” Jenkins v. Swan, 675 P.2d 1145, 1148 (Utah 19 | 2 | 2024–2024 |
McKitrick v. Gibson
green
2 sentences2024Stated differently, where a plaintiff argues that a statute has been violated, the plaintiff must be within the class of parties that the 12 Cite as: 2024 UT 17 Opinion of the Court legislature authorized to file suit for such a statutory violation, and “the presence of traditional or alternative standing will not cure a statutory standing deficiency.” McKitrick, 2021 UT 48, ¶ 2 . ¶44 Here, the Landowners claim to have “a private right of action for declaratory relief.” However, the Declaratory Judgment Act “merely authorizes a new form of relief.” Jenkins v. Swan, 675 P.2d 1145, 1148 (Utah 19 2024Stated differently, where a plaintiff argues that a statute has been violated, the plaintiff must be within the class of parties that the 12 Cite as: 2024 UT 17 Opinion of the Court legislature authorized to file suit for such a statutory violation, and “the presence of traditional or alternative standing will not cure a statutory standing deficiency.” McKitrick, 2021 UT 48, ¶ 2 . ¶44 Here, the Landowners claim to have “a private right of action for declaratory relief.” However, the Declaratory Judgment Act “merely authorizes a new form of relief.” Jenkins v. Swan, 675 P.2d 1145, 1148 (Utah 19 | 2 | 2024–2024 |
Bissland v. Bankhead
green
2 sentences2013We view as much less compelling the City's reliance on another Uiah Supreme Court case, Bissland v. Bankhead, 2007 UT 86 , 171 P.3d 430 . 2013We view as much less compelling the City's reliance on another Uiah Supreme Court case, Bissland v. Bankhead, 2007 UT 86 , 171 P.3d 430 . | 1 | 2013–2013 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.