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

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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.

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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.

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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.

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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.

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Utah

Voices: Utah’s LGBTQ+ community has faced adversity before. We can do it again.

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Voices: Utah’s LGBTQ+ community has faced adversity before. We can do it again.


Displayed at the Utah Pride Center is a quilt panel honoring Michael Spence, also known as the drag queen Tracy Ross. This display helped me connect the recent news of Donald Trump’s reelection with a reminder of a past defined by marginalization and a future where hard-won rights are again at risk.

During his first term, the Trump administration worked to undermine LGBTQ+ protections. I fear a second Trump administration will roll back rights for LGBTQ+ citizens, particularly for transgender individuals.

But we have been here before. By the 1980s, few states recognized hate crimes against LGBTQ+ individuals. Homosexuality — or sodomy — was criminalized, and many states enacted policies to block lesbian and gay educators from public schools or discussing their private lives at work. Protections in housing and employment in Utah were only won in 2015.

Today, we face a similar fight, though we now have the historical context and resources to help us resist.

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Reflecting on Michael Spence’s life and legacy led me back to Utah’s response during the AIDS crisis. Utah did not begin recording cases of HIV/AIDS until 1983 with Robert Michael Painter and one other person. After about six years of deflecting the problem, President Ronald Reagan helped Congress pass its first substantive federal funding with the AIDS Service Demonstration Grants — of which Utah received $6.4 million for research — and then with the CARE Act, named after Ryan White in 1990. While much of the nation exhorted condemnations and cautionary tales about AIDS, I have found no comments on the epidemic from Governors Scott Matheson or Norman Bangerter. Meanwhile, Utah Bureau of Epidemiology Director Craig Nichols refused to connect advocacy groups considered to be too centered on gay and lesbian rights with federal grant funds. Utahns with AIDS were left on their own and could only rely on the state to count them as a statistic to report.

The lack of government support galvanized Utah’s lesbian and gay community to step up to meet the crisis. In 1985, Dr. Patty Reagan founded the Salt Lake AIDS Foundation (now the Utah AIDS Foundation). Other groups, like the People With AIDS Coalition; AIDS Project Utah; Gay and Lesbian Community Center and Clinic; and ACT-UP (AIDS Coalition to Unleash Power) worked to support and educate the public. Tensions often rose between leaders and volunteers, with overlapping missions and limited resources, thus creating friction. Yet, the efforts of activists like Dave Sharpton and Sheldon Spears, mobilized a community determined to survive. Sharpton, along with others, founded Horizon House, a sanctuary for those with HIV/AIDS who had nowhere else to go.

Utah’s first public memorial event was a 1989 candlelight vigil that began at Saint Mark’s Episcopal Cathedral and passed Temple Square before ending at the Salt Palace, where an enormous section of the National AIDS Memorial Quilt was displayed. Religious and civic leaders joined this event, marking a significant moment of public solidarity and inspiring the first Pride march two years later. Another vigil, in 1990, took place in Memory Grove, where hundreds gathered to honor lives lost. These memorials provided a rare, public space for grieving and solidarity amid the ongoing crisis and the humanization of public health statistics. Now annual fundraisers, marathons and walk-a-thons are held across the state.

In my research, I have so far found names for only 366 Utahns who died from AIDS — many who were born and raised in Utah, but were far from home in their last days. Today, the AIDS Memorial Quilt remains a testament to lives cut short and our chosen community’s resilience, standing as both a memorial and a reminder of how far we’ve come.

In the face of a familiar future, I recall the strength that Utah’s lesbian and gay community displayed during the AIDS crisis. While we have come a long way, the familiar challenges ahead require a unified response. Utah’s LGBTQ+ community now has more tools than ever: social media, massive fundraising resources and effective grassroots organizing. The COVID-19 pandemic also strengthened our sense of community and readiness.

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As an historian of LGBTQ+ Utah, I am inspired by the strength, unity and resilience that our community has shown throughout history. We have confronted adversity before, from organizing during the AIDS crisis to advocating for marriage equality and nondiscrimination protections — and we can do it again.

Randell Hoffman (he/they) is a historian, preservationist and quilter committed to making history accessible and relevant to diverse communities.

Randell Hoffman (he/they) is a historian, preservationist and quilter committed to making history accessible and relevant to diverse communities. As an independent researcher of Utah’s LGBTQ+ history, Randy focuses on amplifying overlooked narratives and fostering spaces where historical preservation intersects with community empowerment.

The Salt Lake Tribune is committed to creating a space where Utahns can share ideas, perspectives and solutions that move our state forward. We rely on your insight to do this. Find out how to share your opinion here, and email us at voices@sltrib.com.



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5th shutout against Utah HC prompts internal reflection

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5th shutout against Utah HC prompts internal reflection


For the third time this month and fifth time this season, the Utah Hockey Club failed to score a single goal in a game. This time they fell 1-0 to the Boston Bruins on Thursday night.

The band 4 Non Blondes said it best: What’s going on?

“In the first period we had good momentum, we created good offense and then we started to get in the box way too much,” said head coach André Tourigny after the game. “That cost us momentum.”

The third period was full of chances for Utah HC, but they just couldn’t capitalize.

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At one point, a give-and-go created a perfect opportunity for Maveric Lamoureux at the top of the crease, but his shot went off the underside of the crossbar and out.

On another occasion, a power play bid from Nick Schmaltz hit a body in front of the net and bounced just wide. UHC just couldn’t buy a goal.

The Bruins are glad to get a win in their first game under interim head coach Joe Sacco. Additionally, Elias Lindholm scored the game’s lone goal, breaking a 17-game personal goal drought.

It was a big step in the right direction for the Bruins.

How this works

This is a three-part article geared toward three different audiences.

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  • First, we’ll have “Utah hockey for dummies” for all you new hockey fans. Welcome, by the way — we’re glad you’ve taken an interest in the greatest sport in the world.
  • Next, we’ll have a section titled “Utah hockey for casual fans,” aimed at those who have a basic understanding of the sport.
  • Finally, we’ll have “Utah hockey for nerds.” That will be for those of you who, like me, think about nothing but hockey all day, every day.

Feedback is welcome, so let me know what you think in the comments of this article or the comments section on “X.”

Utah hockey for dummies

Before we get into the nitty gritty details of the game, let’s take a moment to appreciate Robert Bortuzzo and Mark Kastelic. You’d think a game with only one goal would be relatively boring, but these two ensured that was not the case.

Bortuzzo and Kastelic fought each other twice. They had been engaged in some confrontation in the previous game between the two teams on Oct. 19 and they got their opportunity to finish their business a month later.

On the first bout, Bortuzzo left the bench for the purpose of fighting. As Conor Geekie learned in the preseason, that’s not allowed. Geekie got a one-game suspension and I’d expect the same for Bortuzzo.

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Utah hockey for casual fans

Karel Vejmelka was Utah HC’s best player Thursday, and it wasn’t even close. That’s a major positive point for Utah as Connor Ingram did not accompany the team on this road trip due to an upper-body injury.

Vejmelka will guard the net for the immediate future with Jaxson Stauber backing him up. Tourigny is not worried about giving Vejmelka the net.

“He’s played 50 games twice in his career, so it’s not like he’s a rookie goalie,” Tourigny said before the game. “He did it in the past and he’s capable of doing it again.”

It’s clear that Vejmelka thrives on high shot volume. He stopped all 15 shots he faced in the first period on Thursday, and then stopped 15 of the 16 that came in the ensuing periods.

Thursday’s performance comes after he made headlines against the Carolina Hurricanes last week when he stopped 49 of 50 shots.

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Ingram’s injury is considered day-to-day. He should be back soon, but the net may belong to Vejmelka anyway. Vejmelka has been the much better goalie over the last handful of games.

Utah hockey for nerds

On their last 25 power plays, Utah HC has scored just one goal, and with the amount of penalties they’ve been taking, they’re not putting themselves in a position to succeed.

Let’s break this down, piece by piece, starting with the power play.

Utah HC seems to have no problem setting up in the zone on the power play. They move the puck well and they even get lots of high-quality shots. Why isn’t the puck going in?

Tourigny believes it’s a question of urgency.

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“The guys have to realize (that) if we want to score goals, we have to get in the dirty areas,” he said. “We need to get there with passion. Not just get there — get there with burning desire to score goals.”

As far as the penalties go, they need to be more disciplined. Sure, there are necessary penalties and yes, accidents happen, but taking eight minor penalties in one game is a recipe for disaster.

“I don’t know,” Schmaltz said after the game when asked about accountability for how many penalties the guys were taking. “I feel like we’re beating a dead horse a little bit on that topic.”

The Bruins only had one power play goal, but keep in mind that spending almost an entire period shorthanded significantly limits the amount of scoring chances you get.

Schmaltz also pointed out that when the other team gets so many looks on the power play, their top players are extremely involved in the game while your top players sit on the bench.

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What’s next?

Utah HC gets a day to regroup before visiting Sidney Crosby and the Pittsburgh Penguins on Saturday.

As good as Crosby is, he hasn’t been enough to drag the Penguins into the fight. They’ve struggled in a number of areas on the ice, prompting all sorts of trade rumors — even some involving Crosby, who has been a Penguin since 2005.

Utah HC’s job going into Pittsburgh is to get back on track. They need to find ways to score (especially on the power play) and they need to be disciplined away from the puck. If they do this and continue to get solid goaltending, they could receive a much-needed confidence boost.

The game starts at 5 p.m. MDT and will be streamed on Utah HC+ and Utah 16.





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Jazz Silver Lining Revealed by ESPN

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Jazz Silver Lining Revealed by ESPN


While it hasn’t been the most pleasant start for the Utah Jazz during their 2024-25 campaign, amounting to a 3-11 record through their first 14 games, there are still a few glaring signs of optimism to takeaway that shine through in the mix through the beginning of this season, largely thanks to the reps and development opportunities given to the young talent on the roster so far.

Of those young players having a solid role in the rotation to start this season, one of the most appealing in the small sample size has been first-round rookie Isaiah Collier, who’s made an eye-catching first impression since arriving in Salt Lake City.

During ESPN’s most recent batch of power rankings, the Jazz didn’t see much increase from last week, jumping from only 29th to 28th. Still, writer Tim MacMahon gave fans some reason to be excited about this roster moving forward– that being Utah’s rookie point guard.

“Rookie guard Isaiah Collier is only 1-of-12 from 3-point range, but he’s providing evidence that he can make a positive impact,” MacMahon said. “Collier, whose debut was delayed two weeks due to a hamstring injury, has a plus-10 rating in 108 minutes over his first six games. His tenacious, tough defense has made a favorable impression. Entering Tuesday, the Jazz were allowing only 104.5 points per 100 possessions with the 6-foot-3, 210-pound Collier on the court, the lowest defensive rating among Utah players.”

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In ESPN’s rankings, the Jazz placed ahead of two teams in the Toronto Raptors and Washington Wizards, and are right on the heels of the New Orleans Pelicans at 27th, who, like Utah, have also struggled in the Western Conference this year with a 4-11 regular season record.

Collier was limited to start this season as he suffered a hamstring injury during training camp, but since his return, he’s begun to show some impressive traits on both sides of the ball during his first seven games on the floor. In 18 minutes a night, the USC product is averaging 4.0 points, 2.1 rebounds, 2.9 assists, and 1.3 steals.

As mentioned by MacMahon, the offensive side of the ball still has some distance to make up in order to be an effective and consistent two-way threat. At just a. 8.3% clip from long range, he’s not much of a threat beyond the arc just yet, but with a long season ahead, there’s a ton of room to recover those shooting splits.

In the meantime, Collier has emerged as a solid contributor as an offensive facilitator and perimeter defender in the backcourt– two areas which this roster can definitely benefit from.

Follow Inside The Jazz on Facebook and Twitter/X.

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