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Utah Adverse Possession Law
 

Bruce W. Lauritzen v. First American Title Insurance

¶1 Bruce W. Lauritzen purchased five lots of undeveloped
real property in Hurricane, Utah based on a description in a
recorded subdivision plat map. Lauritzen then purchased title
insurance for these lots through First American Title Insurance
Company (First American). Subsequently, Lauritzen learned that
the plat map had a material defect: one of his lots partially
overlap... More...
   $0 (04-08-2018 - UT)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon

Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

United States of America v. Guillermo Lopez-Casillas

District of Utah - Salt Lake City, Utah

Salt Lake City, UT - Cocaine, Methamphetamine Trafficker Sentenced to 262 Months in Federal Prison

Guillermo Lopez-Casillas, age 37, of Compton, Calif., will serve 262 months in federal prison for possession of methamphetamine and possession of cocaine with intent to distribute.

A jury deliberated for just a few hours before finding Lopez-Casillas guilty on both counts following... More...
   $0 (11-08-2017 - UT)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON

Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...   $0 (11-26-2017 - UT)

State of Utah v. Chadley Keith Calvert

Third District Courthouse - West Jordan District - West Jordan, Utah

¶1 Chadley Keith Calvert appeals his convictions for aggravated assault, a third degree felony, and for threatening with or using a dangerous weapon in a fight or quarrel, a class A misdemeanor. Calvert contends that his trial counsel provided constitutionally ineffective assistance in failing to raise arguments related to double jeopardy and that the trial court exceeded its discretion in admitti... More...   $0 (11-20-2017 - UT)

Catherine Jane Shuman v. Wesley Robinson Shuman

¶1 Wesley Robinson Shuman and Catherine Jane Shuman obtained a bifurcated decree of divorce in 2011. Several years later, in 2015, all outstanding issues related to their divorce were submitted to the trial court for resolution. Following a two-day trial, the court granted primary physical and sole legal custody
1. After hearing the arguments in this case, Judge J. Frederic Voros Jr. retired a... More...
   $0 (10-19-2017 - UT)

Ryan Harvey v. Ute Indian Tribe of the Uintah and Quray Reservation, et al.

Utah Supreme Court Courthouse - Salt Lake City, Utah

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population.
¶2 Ryan Harvey, a plaintiff and part owner o... More...
   $0 (11-07-2017 - UT)

Scott M. Brand and April G. Brand v. Amy S. Paul

¶1 This case involves a dispute between neighbors, in which both sides claim ownership of a strip of land that adjoins their respective properties (the subject property). Each side pursued a quiet title action against the other, and the district court granted summary judgment in favor of Amy S. Paul, the trustee of the Amy S. Paul Trust (the Trust), concluding that the Trust had acquired all right... More...   $0 (10-26-2017 - UT)

United States of America v. Adan Alberto Soberanis

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

After entering into a plea agreement that included a broad appeal waiver, Defendant Adan Soberanis pleaded guilty on March 14, 2016, to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). The parties agreed to a sentence of 100 months. The United States District Court for the District of Utah accepted Defendant’s plea, and on October 19 it sentenced Defendant to the stipula... More...   $0 (10-02-2017 - UT)

United States of America v. Donald Ray Fritcher

Federal Courthouse - Salt Lake City, Utah

Salt Lake City, UT - Salt Lake City Man Sentenced to 330 Months in Federal Prison for Distribution of Child Pornography

Donald Ray Fritcher, age 36, of Salt Lake City, will spend 330 months in federal prison after pleading guilty to distribution of child pornography. U.S. District Judge Dale A. Kimball, who imposed the sentence, also placed Fritcher on supervised release for life when he ... More...
   $0 (07-31-2017 - UT)

Jacobs D. Williams v. Craig Alan Anderson, Quinn Zite and Anderson Zite, LLC

Utah Appellate Courts

¶1 In this interlocutory appeal, plaintiff Jacob D. Williams appeals the district court’s grant of a motion in limine preventing him from presenting damages-related evidence at trial. Challenging the basis for the court’s ruling, Williams contends that he adequately disclosed “a computation of any damages claimed” for purposes of rule 26 of the Utah Rules of Civil Procedure when he disclosed that ... More...   $0 (06-07-2017 - UT)

Stiching Mayflower, et al. v. United Park City Mines Company, et al.

¶1 This case involves a dispute over a mining road built on Flagstaff Mountain (near Park City) over a century ago. The plaintiffs are Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreation Fonds (collectively ―Mayflower‖). Defendants in the suit are owners of land traversed by the road. ¶2 Plaintiffs have asserted a right to use the road (1) as a public highway under t... More...   $0 (03-22-2017 - UT)

United States of America v. Aldo Gonzalez

Salt Lake City, UT - Gonzales Pleads Guilty to Possession of Ammunition; Agreement Includes Stipulated 10-Year Sentence

Gang member fired shots at victim, fled from law enforcement

Aldo Gonzalez, 26, of Salt Lake City, pleaded guilty to possession of ammunition after a previous felony conviction. The plea agreement includes a stipulated 10-year sentence in federal prison. Gonzal... More...
   $0 (03-30-2017 - UT)

United States of America v. Donald Bowers

Defendant Donald Bowers was previously involved in a civil trade secret
misappropriation case that was litigated in the United States District Court for the District
of Utah. During the course of that litigation, Bowers willfully and repeatedly violated a
permanent injunction issued by the district court presiding over the case, and also refused
to purge himself of civil contempt. ... More...
   $0 (02-12-2017 - UT)

Jesus Monarrez v. Utah Department of Transportation

¶ 1 We granted certiorari in this case to decide whether the court of appeals correctly determined that the Utah Governmental Immunity Act (GIA) barred Jesus Monarrez‘s claims. Mr. Monarrez, after being injured when forced to stop suddenly near a construction crew on a Utah road, attempted to bring a negligence claim against the Utah Department of Transportation (UDOT) and several unnamed ―... More...   $0 (03-09-2016 - UT)

Robert Benda v. Roman Catholic Bishop of Salt Lake City d/b/a Catholic Diocese of Salt Lake City and Skaggs Catholic Center d/b/a Juan Diego Catholic High School

¶ 1 After a fourteen-year-old student at Juan Diego Catholic High School suffered serious and life-threatening injuries in his drama class, his parents filed a lawsuit, individually and as parents and guardians of the student. They asserted negligence and vicarious liability claims and also sought to bring a personal claim for loss of filial consortium. The district court dismissed the loss of fil... More...   $0 (08-25-2016 - UT)

James Harvey Jordan v. Eddie R. Jensen

¶ 1 Here, we consider whether Utah Code section 78B-2-206 bars a challenge to a tax title based on a tax sale effected without notice to an interested party. On May 25, 2000, Uintah County conducted a tax sale, yet failed to provide the record mineral interest owners notice of the sale. Now, over a decade later, the purchaser of the tax title and the individuals who were the record owners of the m... More...   $0 (01-11-2017 - UT)

United States of America v. Weldon Angelos

Salt Lake City, UT - Man Jail For 12 Years Releases From Prison

The United States of America charged Weldon H. Angelos with:

Count: 1 Citation: 21:841A=MD.F Offense Level: 4
21:841A=MD.F MARIJUANA - SELL, DISTRIBUTE, OR DISPENSE - Distribution of Marijuana
Count: 2 Citation: 18:924C.F Offense Level: 4
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - Po... More...
   $0 (06-07-2016 - UT)

United States of America v. Arron B. Jereb

Salt Lake City, UT - Jury Convicts Jereb of Assault on a Federal Officer, Possession of Methamphetamine, Heroin

Arron B. Jereb, age 34, of Wyoming, was convicted of assault on a federal officer, possession of methamphetamine and heroin, and possession of drug paraphernalia by a federal jury following a four-day trial in federal court last week. The jury made a specific finding as a part ... More...
   $0 (05-03-2016 - UT)

United States of America v. Dr. Simmon Lee Wilcox

Salt Lake City, UT - r. Wilcox Sentenced to 100 Months in Federal Prison for Distribution of Oxycodone Convictions

Dr. Simmon Lee Wilcox, age 60, of Las Vegas, who was found guilty in January of one count of conspiracy to distribute oxycodone and one count of distribution of oxycodone following a trial in U.S. District Court in Salt Lake City, will serve 100 months in federal prison.
... More...
   $0 (05-10-2016 - UT)

UNITED STATES OF AMERICA v. GEORGE BADGER

The government appeals only the district court’s ruling that it cannot proceed on
its reverse-piercing alter-ego theory.1 The court essentially ruled that the government had
failed to state a claim, regardless of the truth of its allegations. For the purposes of this
appeal, we therefore take the allegations of the government’s complaint (the Complaint)
as true, see Gee v. Pa... More...
   $0 (03-26-2016 - UT)

United States of America v. Lorenzo Verduzco-Benitez

Salt Lake City, UT - Head of Utah Heroin, Meth Distribution Organization Sentenced to 144 Months in Federal Prison

Lorenzo Verduzco-Benitez, age 28, of West Jordan, Utah, head of a drug organization which sold heroin and methamphetamine in Utah, will serve 144 months in federal prison.

Verduzco-Benitez, a citizen of Mexico, pleaded guilty in December to one count of conspiracy t... More...
   $0 (02-26-2016 - UT)

United States of America v. Dr. Simmon Lee Wilcox

Salt Lake City, UT - Jury Finds St. George Doctor Guilty Of Narcotics Trafficking Offenses After Eight-Day Federal Trial

A jury concluded an eight-day trial in U.S. District Court by finding Dr. Simmon Lee Wilcox, age 60, of Las Vegas, guilty of one count of conspiracy to distribute oxycodone and one count of distribution of oxycodone. The jury acquitted Wilcox on three counts of distri... More...
   $0 (02-01-2016 - UT)

United States of America v. Jonathan Brett Wood

Salt Lake Ciyt, UT - Salt Lake City Man Pleads Guilty To Possession Of Child Pornography; Agreement Includes Stipulated 156-Month Sentence

Jonathan Brett Wood, age 49, of Salt Lake City, pleaded guilty to one count of possession of child pornography in U.S. District Court. The plea agreement reached with federal prosecutors includes a stipulated 156-month sentence. The case is a part of ... More...
   $0 (01-31-2016 - UT)

Jones v. Norton

This case arises from the death of Ute Tribe member Todd R. Murray on
April 1, 2007, following a police pursuit. Murray’s parents Debra Jones and
Arden Post, on behalf of themselves and Murray’s estate, brought a 13-count
complaint in the district court alleging various constitutional violations under 42
U.S.C. § 1983, conspiracy to violate civil rights under 42 U.S.C. § 1985, and... More...
   $0 (12-29-2015 - UT)

United States of America v. Travis Javier Cruz

Salt Lake City, UT - Cruz Sentenced To 198 Months In Federal Prison After Pleading Guilty To Possession Of Methamphetamine - 73.8 Pounds Of Meth Were Intended For Distribution In Utah

Travis Javier Cruz, age 38, of the Salt Lake City area, who traveled to California in October 2014 to pick up 73.8 pounds of methamphetamine from a supplier destined for distribution in Salt Lake City, will ... More...
   $0 (11-19-2015 - UT)

United States of America v. Steven Seth Hansen

Salt Lake City, UT - Hansen Sentenced To 10 Years In Federal Prison For Possession Of Child Porngraphy

A Salt Lake City man who admitted he had more than 600 images of child pornography in his possession, including images depicting young children being sexually assaulted by adults, has been sentenced to 10 years in federal prison.

Steven Seth Hansen, age 36, of Salt L... More...
   $0 (11-10-2015 - UT)

United States of America v. Travis Javier Cruz

Salt Lake City, UT - Cruz Sentenced To 198 Months In Federal Prison After Pleading Guilty To Possession Of Methamphetamine - 73.8 Pounds Of Meth Were Intended For Distribution In Utah

Travis Javier Cruz, age 38, of the Salt Lake City area, who traveled to California in October 2014 to pick up 73.8 pounds of methamphetamine from a supplier destined for distribution in Salt Lake City, will ... More...
   $0 (11-19-2015 - UT)

State of Utah v. Bond


A jury convicted Martin Bond of several heinous crimes, including aggravated kidnapping and aggravated murder. Mr. Bond challenges his convictions on three grounds. First, he argues the prosecutor committed misconduct by calling Benjamin Rettig, Mr. Bond’s codefendant, to testify when Mr. Rettig had indicated an intention to invoke his Fifth Amendment privilege against self-incrimination and,... More...
   $0 (10-14-2015 - UT)

Pang v. International Document

On appeal from a motion to dismiss, we must accept the factual allegations in the complaint as true1 and view all reasonable inferences from them in the light most favorable to the plaintiff.2 We outline the pertinent facts consistent with this standard. ¶4 Between 2009 and 2012, Mr. Pang worked as a compliance officer for Internal Document Services (IDS) and Progressive Finance. Resource Managem... More...   $0 (09-20-2015 - UT)

Ray, et al. v. Wal-Mart

This case arises out of two separate incidents involving WalMart employees and shoplifters.2 Each of the Employees was tasked with, among other things, investigating, documenting, and preventing the theft of merchandise by customers and employees from Wal-Mart stores. The Employees were fired for violating WalMart‘s Policy AP-09, which provides, If the Suspect is believed to possess a weapon, the... More...   $0 (09-18-2015 - UT)

Utley v. Mill Man Steel

Mill Man Steel fired Kendall Utley on suspicion that he had misappropriated steel from the company. In so doing, Mill Man refused to pay Utley the commissions he claimed to have earned, asserting a right to withhold the commissions as an offset against the value of the allegedly misappropriated steel. Utley filed this suit, claiming that Mill Man had violated the Utah Payment of Wages Act (UPWA). ... More...   $0 (09-14-2015 - UT)

Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...   $0 (09-14-2015 - UT)

Raymond L. Zisumbo v. Ogden Regional Medical Center

Within a month after Raymond Zisumbo complained to his supervisor at Ogden
Regional Medical Center (ORMC) about alleged race discrimination in the workplace,
2
ORMC investigated Zisumbo for submitting apparently fraudulent letters to his
supervisor months earlier. After confirming that at least one of the letters was falsified,
ORMC terminated Zisumbo’s employment. Zisumbo sued... More...
   $0 (09-04-2015 - UT)

Helf v. Chevron,

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court

3

condensate from the refining process, which continuously f... More...
   $0 (09-04-2015 - UT)

Innosys v. Mercer






¶4 In January of 2008, immediately following Amanda Mercer‘s graduation from the University of Utah, InnoSys hired her as an engineer. Per its standard practice, InnoSys had Mercer sign a non-disclosure agreement (NDA). By signing, Mercer promised not to ―copy, transm... More...
   $0 (09-01-2015 - UT)

Utley v. Mill Man Steel

Mill Man Steel fired Kendall Utley on suspicion that he had misappropriated steel from the company. In so doing, Mill Man refused to pay Utley the commissions he claimed to have earned, asserting a right to withhold the commissions as an offset against the value of the allegedly misappropriated steel. Utley filed this suit, claiming that Mill Man had violated the Utah Payment of Wages Act (UPWA). ... More...   $0 (08-22-2015 - UT)

Salt Lake City v. Carrera

In December 2010, in response to a call reporting a potential crime, Salt Lake City Police Officer Jonathan Dew began a search of the house where Mr. Carrera rented a room. During his search, Officer Dew identified himself as a police officer and asked Mr. Carrera to come out of his bedroom. After being asked several times, Mr. Carrera finally joined Officer Dew in the living room. ¶3 Upon enterin... More...   $0 (08-17-2015 - UT)

Pang v. International Document

On appeal from a motion to dismiss, we must accept the factual allegations in the complaint as true1 and view all reasonable inferences from them in the light most favorable to the plaintiff.2 We outline the pertinent facts consistent with this standard. ¶4 Between 2009 and 2012, Mr. Pang worked as a compliance officer for Internal Document Services (IDS) and Progressive Finance. Resource Managem... More...   $0 (08-12-2015 - UT)

Robinson v. Paul Ray Taylor, M.D. et al.

Dr. Taylor began treating Mr. Robinson in 2003 for chronic back pain and degenerative disc disease. Over the next three years, Dr. Taylor prescribed various pain medications to treat Mr. Robinson’s pain, including methadone, Lortab, and Demerol. Mr.
1 Dr. Taylor also challenges the trial court’s decision allowing the jury to consider punitive damages and its refusal to apply the health car... More...
   $0 (08-12-2015 - UT)

 
 
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