11-27-2012, 05:43 PM
[quote Igottabigone]
I believe as of now there is only one suit. Your website shows the suit that has had cross motions for summary judgment. The Court has already ruled on a number of issues, some for, some against anglers. The order that came out this past May asked for supplemental briefing on the whether HB141 violates the public trust doctrine. All of the supplemental briefing has been filed and oral argument may be set. I can check the docket in minute. The violation of the public trust doctrine is a very important issue which will decide whether the Court upholds HB141 or rules it unconstitutional.
It is important to remember that the Conatser decision was NOT struck down. HB141 has language to do as much, but the legislature cannot do that and that issue has already been ruled on by the Court. Therefore, the Conatser decision is still good law. The issue really is how much can the legislature regulate the public easement. Also, this will end up at the Utah Supreme Court again and will likely take a year or so to get there from where we are right now. The district court's rulings thus far are important though as Judge Pullan has taken significant care to have very thorough analysis. Both sides of the suit have very good lawyers who come from respected firms.[/quote]
So are you rescinding your offer to represent anyone sighted for in the water trespass?
[signature]
I believe as of now there is only one suit. Your website shows the suit that has had cross motions for summary judgment. The Court has already ruled on a number of issues, some for, some against anglers. The order that came out this past May asked for supplemental briefing on the whether HB141 violates the public trust doctrine. All of the supplemental briefing has been filed and oral argument may be set. I can check the docket in minute. The violation of the public trust doctrine is a very important issue which will decide whether the Court upholds HB141 or rules it unconstitutional.
It is important to remember that the Conatser decision was NOT struck down. HB141 has language to do as much, but the legislature cannot do that and that issue has already been ruled on by the Court. Therefore, the Conatser decision is still good law. The issue really is how much can the legislature regulate the public easement. Also, this will end up at the Utah Supreme Court again and will likely take a year or so to get there from where we are right now. The district court's rulings thus far are important though as Judge Pullan has taken significant care to have very thorough analysis. Both sides of the suit have very good lawyers who come from respected firms.[/quote]
So are you rescinding your offer to represent anyone sighted for in the water trespass?
[signature]