Fundamentalist Church of Jesus v. Wisan (Horne Appeal), et al, No. 11-4049 (10th Cir. 2012)
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The defendants in this case filed interlocutory appeals from a district order that granted a preliminary injunction in favor of plaintiff, an association of individual members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints and beneficiaries of a charitable religious trust (FLDS Association). The FLDS Association alleged six claims for relief: (1) a claim for declaratory relief under 42 U.S.C. 1983 alleging deprivation of the FLDS Association's rights under the Establishment Clause and Free Exercise Clause of the United States Constitution; (2) a claim for declaratory relief under Article 1, Sections 1 and 4 of the Utah Constitution; (3) a claim for violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc; (4) a claim that Utah Code Ann. 76-7-101, which prohibits plural marriage, was unconstitutional as applied under the federal and state constitutions; (5) a claim that Utah Code Ann. sections 75-7-1001, -412(1), and -413(1)(c) were unconstitutional as applied; and (6) a claim for injunctive relief against the defendants' continuing administration of the UEP Trust. The FLDS Association also moved for a temporary restraining order and preliminary injunction against the probate court's ongoing administration of the UEP Trust. The federal suit was stayed pending the parties' settlement negotiations. After granting the defendants' motion for an emergency stay pending resolution of these appeals, the Tenth Circuit certified a question to the Utah Supreme Court regarding the preclusive effect of laches under Utah law of dismissal, of a petition for extraordinary writ. The Court received its answer from the Utah court and vacated the district court's preliminary injunction, remanding the case to dismiss the FLDS Association's claims as barred by res judicata.
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