Defendant's Attorney: Salt Lake City, Utah civil rights violation claim lawyers represented the Defendants

Description: Salt Lake City, Utah civil rights lawyers represented the Plaintiffs who sued the Defendants on civil rights violation theories under 42 U.S.C. 1983.

This case was filed in the 2nd Judicial District Court, Morgan County, 230500113, and was removed to federal court by the Defendants.

Plaintiffs were registered voters and residents of Morgan County who filed an application to submit an ordinance approving the development of a ski resort community to a referendum. After the County Clerk rejected the referendum application, Plaintiffs challenged the county's decision in the district court. The district court dismissed their challenge for lack of jurisdiction based on its reading of Utah Code section 20A-7-602.8(4)(a), which allows a sponsor to challenge such a rejection in the district court if the sponsor is "prohibited from pursuing" an extraordinary writ in the Supreme Court. The district court reasoned that appellants were not "prohibited" from pursuing an extraordinary writ in this court but, instead, had simply declined to do so.

Under 42 U.S.C. § 1983, a person may sue state or local officials for the “deprivation of any rights, privileges, or immunities secured by the Constitution and [federal laws].

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: