Hogs R Us v. Town of Fairfield

Utah Supreme Court

2009 UT 12; 207 P.3d 1221

“Standing” is a distinct and palpable injury that gives a plaintiff a personal stake in the outcome of a legal dispute.

A petitioner for extraordinary relief must have standing, just as any other litigant must have.

Traditional standing criteria require that the interests of the parties be adverse and that the party seeking relief have a legally protectable interest in the controversy.

Extraordinary relief (under Rule 65B of the Utah Rules of Civil Procedure) may be granted if the petitioner establishes the following:  (1) a clear legal right to the performance of the act demanded; and (2) a plain duty on the part of the respondent to perform the act as demanded.

The Utah Code does not create a plain affirmative duty for a local government to maintain roads, and there is no clear common-law duty, unless the road becomes completely impassable.  Otherwise, road maintenance within the sole discretion of the local government.

Full Text of Hogs R Us v. Town of Fairfield