UTAH COURT OF APPEALS TO HEAR ORAL ARGUMENTS IN MOAB

Salt Lake City, UT— The Utah Court of Appeals will hear oral arguments at the Moab Courthouse on Friday Oct. 18, beginning at 10:30 a.m.
The judicial panel comprised of Judge Kate Appleby, Judge Michele Christiansen Forster, and Judge Ryan M. Harris will hear the following case:

Wallingford v. Moab City – 10:30 a.m. 20180542-CA

Arguments will be held at the Moab Courthouse in Grand County, 125 East Center Street, Moab, UT 84532.

Below is a summary of the case:

Wallingford v. Moab City, Case No. 20180524: In 2008, the Moab City Council approved a development project (the Project), known as Lionsback Resort, just east of Moab off of Sand Flats Road. As originally envisioned, the Project was comprised of, among other things, 188 single-family lots and a 50-unit nine-building hotel, with each unit in the hotel containing three rooms. Construction was delayed for various reasons, including a prior appeal that was resolved in favor of the City. In 2016, the developers sought a revision to the Project that would, among other things, consolidate all of the proposed hotel units into one larger building and allow each room to be locked off and potentially owned or rented separately, creating a 150-room capacity but not altering the overall project footprint. The Moab Municipal Code states that “minor changes” to land use applications may be approved by city staffers, without a public hearing, but mandates that “major changes” “shall not be permitted without prior review and approval by the planning commission,” including a public hearing. At the developers’ request, and after much negotiation, the City considered the amendments requested in 2016 to be “minor changes,” and approved them without holding a public meeting. This decision was challenged by a group of Moab residents, who believed that the amendments requested in 2016 were “major changes” that should have required a public hearing and formal approval by the planning commission. They filed a lawsuit asking the court to declare the City’s approval of the amendments illegal, and to require a public hearing. The trial court dismissed their claims, and they are now appealing. The underlying question presented in the appeal is whether the changes that the developer requested in 2016 are the sort of changes that a municipality can approve without public input, or whether those changes are substantial enough to warrant a public hearing before approval. The appeal also presents procedural questions about the deference courts should afford municipal decisionmakers in cases like this one, and whether the resolution of this issue by the city constituted a negotiated settlement of a dispute rather than a land use decision.

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NOMINEE NAMED TO FILL WOODS CROSS JUSTICE COURT VACANCY

Woods Cross, UT—The Davis County Judicial Nominating Commission has announced the appointment of Judge Bryan Memmott to fill the Woods Cross Justice Court vacancy. The position replaces Judge Reuben Renstrom who resigned effective May, 2019.
Judge Bryan J. Memmott received his B.A. from Brigham Young University in 1999. He attended law school at Arizona State University College of Law and received his J.D. in 2002. 9/11 happened during Judge Memmott’s last year of law school and he felt a deep desire to serve his country. In pursuit of this service, he was commissioned as a JAG officer in the United States Air Force and served as a Captain from 2002 to 2007. During this time he was also appointed as a Special Assistant U.S. Attorney. He honorably separated from the Air Force with distinction and commendation. Judge Memmott spent several years working at a large law firm before starting his own law firm. His practice areas include being in-house counsel, divorce mediation, family law, business law and civil litigation. He was appointed to the Plain City Justice Court in June of 2017 where he continues to serve.

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JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Saratoga Springs, UT—The Utah County Judicial Nominating Commission has scheduled a meeting on Nov. 5, 2019 to review applications for the vacancy in the Saratoga Springs Justice Court. The successful candidate will replace Judge Carolyn Howard who resigned as of August 2019. The Commission will begin the meeting at 8 a.m. at the Saratoga Springs City Hall located on 1307 North Commerce Drive Suite 200 in Saratoga Springs, Utah 84045.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and improvements to the system. Public comments will be accepted from 8 a.m. to 8:20 a.m. Following the public comment period, the meeting will be closed to allow commission members to review applications for the vacancy.

Individuals interested in appearing before the commission during the public comment portion of the meeting should contact Amy Hernandez at (801) 578-3809 or amymh@utcourts.gov to request an appointment.

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JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Grand County, UT—The Grand County Judicial Nominating Commission has scheduled a meeting on Oct. 15, 2019 to review applications for the vacancy in the Grand County Justice Court. The successful candidate will replace Judge David Tubbs who will leave the position effective November 2019. The Commission will begin the meeting at 8 a.m. at the Seventh District Courthouse located on 125 E. Center Street in Moab, UT 84532.
The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and improvements to the system. Public comments will be accepted from 8 a.m. to 8:20 a.m. Following the public comment period, the meeting will be closed to allow commission members to review applications for the vacancy.

Individuals interested in appearing before the commission during the public comment portion of the meeting should contact Amy Hernandez at (801) 578-3809 or amymh@utcourts.gov to request an appointment.

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UTAH COURT OF APPEALS TO HEAR ORAL ARGUMENTS AT SOUTHERN UTAH UNIVERSITY

Salt Lake City, UT— The Utah Court of Appeals will hear oral arguments at Southern Utah University on Thursday Oct. 10, beginning at 10 a.m.
The judicial panel comprised of Judge Gregory Orme, Judge David Mortensen, and Judge Diana Hagen will hear the following cases:

Utah Paiute Tribal Housing v. Workforce Services – 10:00 a.m.

Rojas v. Montoya – 11:30 a.m.

A Q&A session will take place afterward. Arguments will be held in the Hunter Conference Center, Gilbert Great Hall, 351 West Center Street, Cedar City.

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AURORA JUSTICE COURT VACANCY DEADLINE EXTENDED

Aurora, Utah—The deadline for applications for a Justice Court Judge position in Aurora City has been extended. The position will replace Judge Cordell Pearson who will leave the position in December 2019.

To be considered for a Justice Court judgeship in Sevier County, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of Sevier County or an adjacent county for at least six months immediately preceding appointment.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website (www.utcourts.gov/admin/jobs). The salary for the position is $4,800 per year and does not include benefits. For additional information, contact Clint Johnson at (435) 529-7643.

The deadline for applications is Tuesday, Oct. 15, 2019 at 5 p.m. and should be sent to the attention of Amy Hernandez, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241. For an application or information, email amymh@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Daven Quarnberg, mayor of Aurora City, within 45 days of its first meeting. Mayor Quarnberg then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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SALINA JUSTICE COURT VACANCY DEADLINE EXTENDED

Salina, UT—The deadline for applications for a Justice Court Judge position in Salina City has been extended. The position will replace Judge Cordell Pearson who will leave the position in December 2019.

To be considered for a Justice Court judgeship in Sevier County, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of Sevier County or an adjacent county for at least six months immediately preceding appointment.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website (www.utcourts.gov/admin/jobs). The salary for the position is approximately $10,500 per year and does not include benefits. For additional information, contact Jennifer Vought at (435) 529-7304.

The deadline for applications is Tuesday, Oct. 15, 2019 at 5 p.m. and should be sent to the attention of Amy Hernandez, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241. For an application or information, email amymh@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees toJed Maxwell, mayor of Salina City, within 45 days of its first meeting. Mayor Maxwell then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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NOMINEES ANNOUNCED FOR HARRISVILLE CITY JUSTICE COURT VACANCY

Harrisville, UT—The Weber County Nominating Commission has selected four nominees for a judicial vacancy in the Harrisville City Justice Court. The position will replace Judge Reuben Renstrom who left the position effective May 31, 2019.
Following are the nominees followed by place of employment and residence:

• Darrin Johns, J.D., Attorney at Law, resident of North Ogden
• Judge Michael Junk, J.D., Judge of Ogden City, resident of Ogden
• Judge Bryan Memmott, J.D., Judge of Plain City, resident of Kaysville
• Judge Trent Nelson, J.D., Judge of Roy/ Weber Justice Court, resident of Kaysville

A comment period will be held through Oct. 4, 2019. A final candidate will then be selected by Harrisville Mayor Michelle Tait who has 30 days to make an appointment. The appointment is subject to ratification by the Harrisville City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, please contact Amy Hernandez at amymh@utcourts.gov.

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GRAND COUNTY JUSTICE COURT VACANCY DEADLINE EXTENDED

Grand County, UT—The deadline for applications for a Justice Court Judge position in Grand County has been extended. The position will replace Judge David Tubbs who will be leaving the position effective Nov. 3, 2019.

To be considered for a Justice Court judgeship in Grand County, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of Grand County or an adjacent county for at least six months immediately preceding appointment.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website (www.utcourts.gov/admin/jobs). The annual salary range for the position is $29,829 to $53,691 and may include benefits. For additional information, contact Renee Baker at (435) 259-1323 or by email at rbaker@grandcountyutah.net

The deadline for applications is Thursday, Sept. 26, 2019 at 5 p.m. and should be sent to the attention of Amy Hernandez, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241. For an application or information, email amymh@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the Grand County Council within 45 days of its first meeting. The Grand County Council then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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NOMINEES ANNOUNCED FOR SOUTH OGDEN JUSTICE COURT VACANCY

South Ogden, UT—The Weber County Nominating Commission has selected four nominees for a judicial vacancy in the South Ogden City Justice Court. The position will replace Judge Reuben Renstrom who left the position effective May 31, 2019.
Following are the nominees followed by place of employment and residence:

• Darrin Johns, J.D., Attorney at Law, resident of North Ogden
• Judge Bryan Memmott, J.D., Judge of Plain City, resident of Kaysville
• Judge Trent Nelson, J.D., Judge of Roy/ Weber Justice Court, resident of Kaysville
• Paul Olds, J.D., Attorney at Law, resident of Pleasant View

A comment period will be held through Sept. 28, 2019. A final candidate will then be selected by South Ogden Mayor Russell Porter who has 30 days to make an appointment. The appointment is subject to ratification by the South Ogden City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, please contact Amy Hernandez at amymh@utcourts.gov.

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