Connect with us

Utah

Why the Utah Supreme Court interfered in a school district’s land sale

Published

on

Why the Utah Supreme Court interfered in a school district’s land sale


The Utah Supreme Courtroom dominated in opposition to dismissing a lawsuit claiming Washington County Faculty District ought to have provided land to a enterprise it purchased the land from earlier than promoting it to another person, in an opinion issued on Thursday.
(Kristin Murphy, Deseret Information)

Estimated learn time: 2-3 minutes

SALT LAKE CITY — The Utah Supreme Courtroom has dominated in favor of a southern Utah enterprise in a authorized dispute the place the enterprise claimed the Washington County Faculty District ought to have provided to promote land to the enterprise first, for the reason that district had bought the land from it below risk of eminent area.

This determination reverses a district court docket dismissal of the lawsuit.

The excessive court docket’s opinion, which was issued on Thursday, says Cardiff Wales LLC claims it initially bought a parcel of land to the Washington County Faculty District “to keep away from an eminent area lawsuit” that the varsity district had threatened.

Advertisement

On the time, Cardiff Wales had been planning to develop the property — about 24 acres in Washington Metropolis — and was working with the town to acquire permits to develop the land. The opinion mentioned the varsity district despatched a letter suggesting it might use eminent area to acquire the property if a sale didn’t happen.

A couple of decade after Washington County Faculty District acquired the property, the place it had thought-about constructing two colleges, it determined to promote it to a 3rd social gathering, the submitting mentioned. Cardiff Wales didn’t study in regards to the sale till after it was finalized and argued that it ought to have had the correct of first refusal to purchase the property again.

“Utah legislation requires a authorities entity to supply property acquired by condemnation or a risk of condemnation to the unique proprietor earlier than disposing of it,” the opinion explains.

The corporate filed a lawsuit, arguing that this legislation ought to apply. However a fifth District Courtroom choose dominated that there was by no means a risk of condemnation from an official physique on this occasion and dismissed the case.

Cardiff Wales appealed the choice and the Utah Courtroom of Appeals agreed with the district court docket’s determination, saying a risk of eminent area requires a authorities entity to “particularly authorize” the taking. The appeals court docket mentioned this required a vote to approve submitting an eminent area criticism.

Advertisement

However the Utah Supreme Courtroom reversed that call, saying Utah legal guidelines don’t help the appeals court docket’s interpretation of what it means to be “particularly approved.”

“The Courtroom of Appeals appropriately held that property will not be bought below a ‘risk of condemnation’ except the federal government entity particularly authorizes the usage of eminent area. The court docket of appeals erred, nonetheless, when it concluded {that a} authorities entity should approve the submitting of an eminent area criticism to particularly authorize the usage of condemnation,” the opinion states.

The choice sends the case again to the fifth District Courtroom to contemplate the case once more now that the case is now not dismissed.

Most up-to-date Utah police and courts tales

Emily Ashcraft joined KSL.com as a reporter in 2021. She covers courts and authorized affairs, in addition to well being, religion and faith information.

Extra tales chances are you’ll be fascinated about



Source link

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Utah

Utah Hockey Club Owner Ryan Smith Builds Buzz With Free Ticket Giveaway

Published

on

Utah Hockey Club Owner Ryan Smith Builds Buzz With Free Ticket Giveaway


When you’re the Utah Hockey Club, giving away 2,000 tickets to a regular-season game is a cause for celebration, not alarm.

After all, not every pro sports team team has an unused inventory of ‘single goal view seats’ that it can tap as a tool to help entice new fans.

Advertisement

It started with a simple tweet from Utah Hockey Club owner Ryan Smith ahead of the club’s home game against the Vancouver Canucks last Wednesday.

In a followup, Smith said that he’d planned to give away the eight seats in his owner’s suite. But when he got more than 700 responses, he decided to open the invitation wider.

In the end, he put 2,000 extra people into Delta Center on top of the usual sold-out crowd of 11,131. And the fans got a good show as Utah staged a third-period rally from a 2-0 deficit before Mikhail Sergachev buried the game-winner on a 2-on-1 with 12 seconds left in overtime.

Acquired in a trade with the Tampa Bay Lightning during the 2024 NHL draft weekend, Sergachev has been a massive difference-maker for the Utah team in its first season in its new home. Helping to fill holes after fellow veteran blueliners John Marino and Sean Durzi went down early with long-term injuries, 26-year-old Sergachev is averaging 25:45 a game, third-most in the entire NHL.

Advertisement

With eight goals and 26 points in 33 games to date, the two-time Stanley Cup winner is also on pace to match his previous career high of 64 points in a season, set in 2022-23.

Another standout has been goaltender Karel Vejmelka. The 28-year-old now sits second in the NHL with 16.5 goals saved above expected according to MoneyPuck, and has amassed a career-best save percentage of .918.

After their vagabond years in Arizona, including their last two seasons as secondary tenants at 4,600-seat Mullett Arena on the campus of Arizona State University, perhaps it should come as no surprise that the re-established Utah team would come out of the gate as road warriors. Unbeaten in regulation in their last eight games, with a record of 6-0-2, they’re up to 11-6-2 on the road this season.

Utah’s home win over Vancouver last Wednesday boosted the squad to 5-5-3 on home ice. The club followed up on Sunday with a 5-4 shootout loss to the Anaheim Ducks, which has the team just outside of the Western Conference wild-card picture with one more game to go before the NHL’s three-day holiday break — hosting the Dallas Stars as part of a 13-game slate on Monday.

On Dec. 2, the Stars earned a 2-1 win at the Delta Center — Utah’s only regulation loss since Nov. 24. The Western Conference standings are tight, but the new club is trending positively toward making the playoffs in its inaugural season. The Coyotes’ only post-season appearance in the franchise’s last 12 years came as part of the expanded 24-team field in the 2020 pandemic bubble, when they eliminated the Nashville Predators in the best-of-three qualifying round before falling to the Colorado Avalanche.

Advertisement

Of the ice, Smith and his wife and co-owner, Ashley, have already helped make winners out of their 31 fellow NHL owners. Smith Entertainment Group’s $1.2 billion purchase of Arizona’s hockey assets last April fueled a 140 percent increase in the valuation of the franchise — a key metric in the league’s 44 percent increase in average valuations in 2024 per Forbes estimates, which dramatically outpaces the growth of the other North American sports over the last year.

The rosy economic picture for the Utah Hockey Club and the league as a whole bodes well for the next round of collective bargaining. While the current deal is not set to expire until the end of the 2025-26 season, commissioner Gary Bettman indicated at the league’s board of governors’ meetings in Florida earlier this month that he and NHL Players’ Association executive director Marty Walsh plan to start formal discussions in February, with an eye toward potentially completing an agreement before the end of this hockey year.



Source link

Continue Reading

Utah

Washington EDGE Lance Holtzclaw transfers to Utah

Published

on

Washington EDGE Lance Holtzclaw transfers to Utah


Lance Holtzclaw has found a new home. The former Washington edge rusher entered the transfer portal after three years on Montlake and has signed with one of the Huskies’ former Pac-12 opponents, the Utah Utes.

Now in the Big 12, coach Kyle Whittingham’s team should be a good fit for the 6-foot-3, 225-pound pass rush specialist, which finished third in the conference in total defense, allowing 329.7 yards per game in its first year in the conference.

The Utes also finished fifth in the conference with 24 sacks, a statistic that Holtzclaw may be able to assist with if he can see the field more often.

In three years with the Huskies, the former three-star recruit who is originally from Dorchester, Massachusetts, played in 26 games and tallied 13 tackles, 2 sacks, and a fumble recovery.

Advertisement

Holtzclaw’s most notable moment in a Husky uniform came in Washington’s 26-21 win over the USC Trojans in November. He came in on fourth down and pressured quarterback Miller Moss, forcing an errant throw in the game’s final seconds. He also completes an effective defensive line trade between the two schools, after the Huskies added a commitment from former Utah defensive tackle Simote Pepa last week.



Source link

Continue Reading

Utah

Dybantsa, Mandaquit lead Utah Prep to ‘Iolani Classic title | Honolulu Star-Advertiser

Published

on

Dybantsa, Mandaquit lead Utah Prep to ‘Iolani Classic title | Honolulu Star-Advertiser




Source link

Advertisement
Continue Reading
Advertisement

Trending