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· 12/14/1989

Rocky Mountain Thrift Stores, Inc. v. Salt Lake City Corp.

Citations

  • 784 P.2d 459
  • 123 Utah Adv. Rep. 17
  • 1989 Utah LEXIS 169
  • 1989 WL 152138

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the construction, operation, and maintenance of a city-wide storm drainage system is a governmental function that was entitled to immunity prior to the 1987 amendment addressed in Laney
  • concluding that decisions regarding “the design, capacity, and construction” of a flood control system involved a basic governmental objective of “flood control to protect life and property”
  • holding that no taking occurred where the government, in an effort to manage flood waters, precluded vehicular access to the city block on which the plaintiff business was located, but the inhibition lasted only 15 days and was a “one-time occurrence”
  • analyzing separately each allegation of negligence under exception retaining immunity for negligent failure to inspect or inadequate inspection
  • reversing summary judgment granting immunity where factual record unclear regarding nature of city’s decision-making process
  • alluding to the clarifying amendment exception but stating that “[a] later statute or amendment should not be applied in a retroactive manner to deprive a party of his rights or impose greater liability upon him.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Howe, Hall, Stewart, Durham, Zimmerman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.