Utah Supreme Court Decisions 2013

Legacy Res., Inc. v. Liberty Pioneer Energy Source, Inc.  
Date: December 20, 2013
Citation: 2013 UT 76
Docket Number: 20120142

Justia Opinion Summary: Legacy Resources, Inc. brought several claims against Liberty Pioneer Energy Source, Inc. The district court dismissed Legacy's breach of contract and trade secret claims on summary judgment, determining (1) Legacy viola...

Kerr v. City of Salt Lake  
Date: December 17, 2013
Citation: 2013 UT 75
Docket Number: 20110909

Justia Opinion Summary: Plaintiff sustained injuries when he tripped on an uneven section of sidewalk maintained by Salt Lake City. Plaintiff sued the City, alleging that the City negligently failed to maintain the sidewalk. After Plaintiff's c...

Krejci v. City of Saratoga Springs  
Date: December 10, 2013
Citation: 2013 UT 74
Docket Number: 20130607

Justia Opinion Summary: Capital Assets Financial Services, the owner of property within the City of Saratoga Springs, asked the city council to rezone its property from a low density to a medium density residential zone. The city council grante...

State v. Machan  
Date: December 3, 2013
Citation: 2013 UT 72
Docket Number: 20110961

Justia Opinion Summary: Defendant was arrested and removed from a home he owned with his wife. Soon afterwards, Defendant's wife obtained a restraining order that prohibited Defendant from going to the family home for 150 days. About three week...

State v. Bedell  
Date: December 3, 2013
Citation: 2013 UT 73
Docket Number: 20120692

Justia Opinion Summary: After a jury trial, Defendant was convicted of misdemeanor sexual battery. The court of appeals reversed the conviction and remanded for a new trial, concluding that the district court plainly erred and Defendant's trial...

State v. Young  
Date: November 22, 2013
Citation: 2013 UT 71
Docket Number: 20100146

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of aggravated sexual assault and one count of robbery for the 1996 attack and sexual assault of a twenty-three-year-old woman. On appeal, Appellant contended that...

State v. Larrabee  
Date: November 22, 2013
Citation: 2013 UT 70
Docket Number: 20110739

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of aggravated sexual abuse of a child and one count of dealing in material harmful to a minor. Defendant appealed, arguing, among other things, that the prosecuto...

Delta Canal Co. v. Frank Vincent Family Ranch, LC  
Date: November 19, 2013
Citation: 2013 UT 69
Docket Number: 20120470

Justia Opinion Summary: Appellants in this case were several nonprofit Utah corporations that distributed water to their shareholders for irrigation of agricultural land (collectively, Irrigation Companies). The Irrigation Companies filed a com...

State v. Perea  
Date: November 15, 2013
Citation: 2013 UT 68
Docket Number: 20100891

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated murder and two counts of attempted murder. Defendant was sentenced to life without parole for each aggravated murder conviction and three years to l...

Cent. Utah Water Conservancy Dist. v. Upper East Union Irrigation Co.  
Date: November 15, 2013
Citation: 2013 UT 67
Docket Number: 20111028

Justia Opinion Summary: The Central Utah Water Conservancy District (CUWCD) entered into an agreement with three canal companies to improve irrigation structures belonging to the canal companies in exchange for rights to the increased water flo...

Francis v. State  
Date: November 1, 2013
Citation: 2013 UT 65
Docket Number: 20111027

Justia Opinion Summary: Plaintiffs were the parents of a boy killed by a bear while camping with his parents in American Fork Canyon. Plaintiffs sued the State for negligence in failing to warn Plaintiffs of the dangerous condition created by t...

Garza v. Burnett  
Date: November 1, 2013
Citation: 2013 UT 66
Docket Number: 20120180

Justia Opinion Summary: In April 2002, Ogden City Police Officer Troy Burnett and another officer searched Plaintiff's motel room and found drugs and a firearm. Plaintiff pled guilty to two federal offenses, but the court of appeals overturned...

Waddoups v. Noorda  
Date: November 1, 2013
Citation: 2013 UT 64
Docket Number: 20120310

Justia Opinion Summary: Melissa and Corey Waddoups sued Intermountain Health Care (IHC), among other defendants, alleging negligent credentialing after Dr. Barry Noorda performed several gynecological procedures on Melissa at an IHC facility. A...

Gressman v. State  
Date: October 18, 2013
Citation: 2013 UT 63
Docket Number: 20110965

Justia Opinion Summary: In 1993, Jed Gressman was convicted of aggravated sexual assault and sentenced to a term of five years to life. In 1996, Gressman moved to dismiss the charges against him based on newly-discovered evidence. The district...

Sewell v. Xpress Lube  
Date: October 18, 2013
Citation: 2013 UT 61
Docket Number: 20120445

Justia Opinion Summary: After Larry Sewell fell into a service pit at Xpress Lube, Sewell filed suit against Xpress Lube. A process server left copies of the summons and complaint with an Xpress Lube employee. Bruce Anderson, the sole proprieto...

Weber County v. Odgen Trece  
Date: October 18, 2013
Citation: 2013 UT 62
Docket Number: 20120852

Justia Opinion Summary: An injunction was entered against Ogden Trece, a criminal street gang, prohibiting Trece members from associating with one another; possessing a firearm in a public place; and harassing or assaulting a witness or victim...

Hill v. Superior Prop. Mgmt. Servs.  
Date: October 11, 2013
Citation: 2013 UT 60
Docket Number: 20120428

Justia Opinion Summary: Plaintiff, a condominium resident, was injured when she tripped on tree root offshoots within the common area of her complex. Plaintiff sued the complex's contract property management company, claiming that the company w...

State v. Gurule  
Date: October 1, 2013
Citation: 2013 UT 58
Docket Number: 20111053

Justia Opinion Summary: Defendant pled guilty to possession of a controlled substance in a drug free zone and was sentenced to a term of incarceration for five years to life. Defendant appealed, arguing that the district court erred in denying...

Jenkins v. Jordan Valley Water Conservancy Dist.  
Date: October 1, 2013
Citation: 2013 UT 59
Docket Number: 20120705

Justia Opinion Summary: Plaintiffs, homeowners, filed a negligence action against a water conservancy district (the District) after one of its water pipelines broke, resulting in damage to Plaintiffs' home. The district court granted summary ju...

Burr v. City of Orem  
Date: August 30, 2013
Citation: 2013 UT 57
Docket Number: 20120982

Justia Opinion Summary: Petitioners obtained sufficient signatures to challenge a proposed tax increase approved by the Orem City Council via a referendum petition. The referendum petition was scheduled to go to a vote in the November 2013 elec...

State v. Arriaga-Luna  
Date: August 27, 2013
Citation: 2013 UT 56
Docket Number: 20110718

Justia Opinion Summary: Defendant confessed to shooting a female victim during a custodial interrogation by detectives. Defendant moved to suppress the confession on the grounds that it was coerced. The district court granted the motion based o...

State v. Candland  
Date: August 16, 2013
Citation: 2013 UT 55
Docket Number: 20110738

Justia Opinion Summary: Defendant pled guilty to aggravated murder and aggravated assault. Defendant subsequently filed a motion to withdraw his plea, stating that he was confused when he entered his plea. The district court denied the motion,...

Turner v. Univ. of Utah Hosps. & Clinics  
Date: August 16, 2013
Citation: 2013 UT 52
Docket Number: 20120120

Justia Opinion Summary: Plaintiff received treatment at the University Hospital for injuries she received in an automobile accident. Plaintiff later sued the Hospital, alleging that she was rendered a paraplegic due to the Hospital's negligence...

Delta Canal Co. v. Frank Vincent Family Ranch, LC  
Date: August 16, 2013
Citation: 2013 UT 54
Docket Number: 20120470

Justia Opinion Summary: Appellants, several irrigation companies, and Appellee, a family ranch, were water-rights holders in the Sevier River system. Appellants filed a complaint in district court alleging that Appellee's water right had been p...

Nelson v. City of Orem  
Date: August 16, 2013
Citation: 2013 UT 53
Docket Number: 20120626

Justia Opinion Summary: Officer Dennis Nelson, a police officer with the Orem City Police Department (OCPD), was terminated from his position for using excessive force during a booking at the Orem City Jail. The Orem City Employee Appeals Board...

Becker v. Sunset City  
Date: August 13, 2013
Citation: 2013 UT 51
Docket Number: 20120320

Justia Opinion Summary: The City police department fired a police officer (Plaintiff) for reporting for duty while under the influence of alcohol. The board of appeals and court of appeals affirmed the decision. The Supreme Court affirmed, hold...

State v. Richardson  
Date: August 9, 2013
Citation: 2013 UT 50
Docket Number: 20110168

Justia Opinion Summary: After a trial, Defendant was convicted of vaginal rape and forcible anal sodomy. Defendant appealed, arguing that the trial court's exclusion prior instances of sexual conduct between Defendant and the victim under Utah...

Watkins v. Ford
Date: August 6, 2013
Citation: 2013 UT 49
Docket Number: 20100802
Insight Assets, Inc. v. Farias  
Date: August 6, 2013
Citation: 2013 UT 47
Docket Number: 20110020

Justia Opinion Summary: In 2004, Sellers entered into a real estate purchase contract with Buyers. A portion of the purchase price was to be financed through a third-party purchase money mortgage by Bank. Another portion of the purchase price w...

Torrie v. Weber County  
Date: August 6, 2013
Citation: 2013 UT 48
Docket Number: 20120500

Justia Opinion Summary: Sixteen-year-old Wayne Torrie's mother asked law enforcement officers to locate Wayne, who had left home in his family's vehicle, and bring him into custody. A Weber County sheriff's deputy spotted Wayne and pursued him...

In re Estate of Hannifin  
Date: August 2, 2013
Citation: 2013 UT 46
Docket Number: 20111125

Justia Opinion Summary: William Hannifin took Willis Nakai when he was fourteen years old and raised him as his own child. Nakai's biological parents did not assert parental control over him or support him financially. Hannifin and Nakai referr...

Fed. Nat'l Mortgage Ass'n v. Sundquist  
Date: July 23, 2013
Citation: 2013 UT 45
Docket Number: 20110575

Justia Opinion Summary: Federal National Mortgage Association (FNMA) initiated an unlawful detainer action against Appellant, claiming ownership of Appellant's home pursuant to a trustee's deed it obtained from ReconTrust, a national bank that...

State v. Canton  
Date: July 23, 2013
Citation: 2013 UT 44
Docket Number: 20110835

Justia Opinion Summary: Defendant, a New Mexico resident, was arrested in Utah and indicted on federal charges of coercion and enticement of a fifteen-year-old. Defendant was returned to New Mexico to await trial and remained there for more tha...

Francis v. State  
Date: July 19, 2013
Citation: 2013 UT 43
Docket Number: 20111027

Justia Opinion Summary: Plaintiffs were camping with their young son, Sam, when a bear pulled Sam from out of his tent and killed him. The bear was the same bear that had attacked another camper in the same campsite earlier that day. Plaintiffs...

Brown v. State  
Date: July 12, 2013
Citation: 2013 UT 42
Docket Number: 20110481

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder. Fourteen years later, Defendant filed a petition for a post-conviction determination of factual innocence pursuant to Utah's Post-Conviction Remedies Act (PCRA). Aft...

Union Pac. R.R. v. Utah Dep't of Transp.  
Date: July 9, 2013
Citation: 2013 UT 39
Docket Number: 20110326

Justia Opinion Summary: In connection with the Utah Transit Authority's construction of a high-speed commuter rail line, the Utah Department of Transportation (UDOT) classified a certain railroad crossing as public. The Public Service Commissio...

Carbon County v. Workforce Appeals Bd.  
Date: July 9, 2013
Citation: 2013 UT 41
Docket Number: 20120251

Justia Opinion Summary: Wade Marinoni was employed as a first-response emergency medical technician (EMT) for Carbon County. After an incident involving an immediate transport of a patient having a heart attack, Marinoni was fired for failing t...

Jex v. Utah Labor Comm'n  
Date: July 9, 2013
Citation: 2013 UT 40
Docket Number: 20120347

Justia Opinion Summary: Petitioner was traveling home from work in his personal vehicle when he sustained back injuries in a car accident. Petitioner applied for workers' compensation benefits, but his application was denied under the "going an...

Murray v. Utah Labor Comm'n  
Date: June 28, 2013
Citation: 2013 UT 38
Docket Number: 20120232

Justia Opinion Summary: Petitioner was working as a park ranger for Utah State Parks and Recreation when he suffered pain in his lower back after losing then regaining his balance on a boat dock while preparing to go on boating patrol. The Utah...

Zions Mgmt. Servs. v. Record  
Date: June 25, 2013
Citation: 2013 UT 36
Docket Number: 20110860

Justia Opinion Summary: While employed with Employer, Employee agreed to arbitrate any disputes arising from his employment. Employee's employment was later terminated. Employee filed a charge of discrimination with the Utah Anti-Discrimination...

State v. Maughan  
Date: June 25, 2013
Citation: 2013 UT 37
Docket Number: 20120524

Justia Opinion Summary: Defendant confessed to helping Glenn Griffin commit murder. The State charged both Griffin and Defendant with the crime. The State prosecuted Griffin first and, concerned that Defendant would invoke his privilege against...

Redd v. Hill  
Date: June 18, 2013
Citation: 2013 UT 35
Docket Number: 20120552

Justia Opinion Summary: Appellant entered into a contingency fee agreement with Appellee, an attorney, which provided that Appellee was entitled to one-third of Appellant's primary award. The underlying action resulted in a judgment in favor of...

Harris v. ShopKo Stores, Inc.  
Date: June 14, 2013
Citation: 2013 UT 34
Docket Number: 20110945

Justia Opinion Summary: Plaintiff was injured at ShopKo Stores, Inc. when she sat on a display office chair and the chair collapsed. Plaintiff sued ShopKo for negligence. A jury found ShopKo negligent but awarded Plaintiff much less than she re...

Hi-Country Prop. Rights Group v. Emmer  
Date: June 7, 2013
Citation: 2013 UT 33
Docket Number: 20120202

Justia Opinion Summary: Plaintiffs, property owners in a development, filed a derivative suit against Defendants, the directors of the non-profit homeowners association that provided road maintenance and other services to the development, alleg...

Reynolds v. Bickel  
Date: June 4, 2013
Citation: 2013 UT 32
Docket Number: 20120396

Justia Opinion Summary: In 2010, Plaintiff was negotiating the sale of three limited liability companies of which he was the sole shareholder. The companies were S Corporations. Plaintiff retained an Accounting Firm to advise him on his tax lia...

Watkins v. Henry Day Ford  
Date: May 31, 2013
Citation: 2013 UT 31
Docket Number: 20100802

Justia Opinion Summary: In 2002, Plaintiff, the owner of a car dealership, executed two vehicle contracts with Henry Day Ford to preorder two Ford GT40s (later renamed the GT). After Henry Day learned it would not be receiving GT40s in its allo...

In re Judge Christensen  
Date: May 21, 2013
Citation: 2013 UT 30
Docket Number: 20120523

Justia Opinion Summary: From 2009 onward, Judge Kevin Christensen was employed as a justice court judge by four Utah municipalities. Following an investigation, the Judicial Conduct Commission (JCC) found that the salary of Judge Christensen ex...

Lee v. Utah State Tax Comm'n  
Date: May 14, 2013
Citation: 2013 UT 29
Docket Number: 20120141

Justia Opinion Summary: In 1990, Chin Lee established a defined-benefit plan, which he converted in 1996 into a profit-sharing plan, both of which were qualified plans. Chin's sole proprietorship contributed funds to the Plan from 1990 to 1995....

Metro. Water Dist. of Salt Lake & Sandy v. Sorf  
Date: May 10, 2013
Citation: 2013 UT 27
Docket Number: 20110443

Justia Opinion Summary: The Metropolitan Water District of Salt Lake and Sandy (District) held an appurtenant easement that crossed Petitioner's residential property for the purpose of maintaining the Salt Lake Aqueduct. In 2009, Petitioner beg...

State v. Watkins  
Date: May 10, 2013
Citation: 2013 UT 28
Docket Number: 20110458

Justia Opinion Summary: After a jury trial, Defendant, who was temporarily staying in the spare bedroom of the victim's father's house, was convicted of aggravated sexual abuse of a child. Defendant's conviction was based on the holding that he...

S.C. v. State  
Date: May 7, 2013
Citation: 2013 UT 26
Docket Number: 20120016

Justia Opinion Summary: Child was removed from his home by the Division of Child and Family Services (DCFS). The juvenile court later terminated Mother's parental rights. Subsequently, both the child's grandmother and foster parents filed compe...

State v. Mateos-Martinez  
Date: May 3, 2013
Citation: 2013 UT 23
Docket Number: 20110431

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated murder, aggravated robbery, and aggravated assault and sentenced to life without parole on the murder conviction. The Supreme Court affirmed, holding (1) Defendan...

ASC Utah, Inc. v. Wolf Mountain Resorts, L.C.  
Date: May 3, 2013
Citation: 2013 UT 24
Docket Number: 20110742

Justia Opinion Summary: Wolf Mountain and ASC Utah (ASCU) had been litigating their rights and responsibilities regarding development in a resort of several years. In 2011, the jury awarded ASCU $54,437,000 in damages. Wolf Mountain appealed. M...

Schroeder Invs., L.C. v. Edwards  
Date: May 3, 2013
Citation: 2013 UT 25
Docket Number: 20110910

Justia Opinion Summary: The Utah Department of Transportation (UDOT) owned a piece of property on land adjacent to property owned by Plaintiff. Plaintiff filed a condemnation action, asserting a right to condemn a portion of UDOT's parcel to co...

Penunuri v. Sundance Partners, Ltd.  
Date: April 9, 2013
Citation: 2013 UT 22
Docket Number: 20110565

Justia Opinion Summary: Plaintiff was injured while participating in a guided horseback ride near Sundance Resort. Prior to the ride, Plaintiff signed a release (waiver) waiving her right to sue Defendants, Sundance-related entities (collective...

Strohm v. ClearOne Commc'ns, Inc.  
Date: April 9, 2013
Citation: 2013 UT 21
Docket Number: 20110569

Justia Opinion Summary: Susie Stohm, the one-time CFO of ClearOne Communications, was charged with eight federal criminal counts relating to an investigation into certain accounting practices at ClearOne. Strohm was eventually acquitted of all...

State v. Berriel  
Date: April 5, 2013
Citation: 2013 UT 19
Docket Number: 20110926

Justia Opinion Summary: Defendant was convicted of aggravated assault for stabbing the victim. At trial, the district court instructed the jury on self-defense. However, the court refused to instruct the jury on defense of a third person becaus...

McLaughlin v. Schenk  
Date: April 5, 2013
Citation: 2013 UT 20
Docket Number: 20111109

Justia Opinion Summary: In 1999, Greg Schenk purchased shares in Cookietree, Inc. in violation of a 1991 shareholder agreement (agreement). In 2005, Cookietree's board of directors, including Schenk, voted to waive the provisions of the agreeme...

Gregory v. Shurtleff  
Date: March 19, 2013
Citation: 2013 UT 18
Docket Number: 20110277

Justia Opinion Summary: Appellants were a group of current and former legislators, other elected and unelected government officials, and citizens. Appellants filed suit against the State's attorney general, treasurer, and the executive director...

State v. Billingsley  
Date: March 15, 2013
Citation: 2013 UT 17
Docket Number: 20110148

Justia Opinion Summary: Defendant was working as an aide at a middle school when she was convicted of rape, forcible sodomy, and forcible sexual abuse for incidents involving a fifteen-year-old student student and his friend. The trial judge ar...

Goggin v. Goggin  
Date: March 15, 2013
Citation: 2013 UT 16
Docket Number: 20110356

Justia Opinion Summary: Husband and Wife separated in 2005 and spent the next several years litigating their divorce. Ultimately, the divorce court awarded Wife all of her attorney fees and out-of-pocket expenses and a disproportionate amount o...

Snow, Christensen & Martineau v. Dist. Court  
Date: March 12, 2013
Citation: 2013 UT 15
Docket Number: 20091006

Justia Opinion Summary: At issue in this case was whether an attorney-client relationship that existed between a religious trust (Trust), and the Trust's attorneys at a law firm (Law Firm) continued after the Trust was reformed cy pres. Specifi...

In re Discipline of Rasmussen
Date: March 12, 2013
Citation: 2013 UT 14
Docket Number: 20110696
Central Utah Water Conservancy Dist. v. King  
Date: March 8, 2013
Citation: 2013 UT 13
Docket Number: 20110618

Justia Opinion Summary: In 2006, the Central Utah Water Conservancy District (District) filed an action to condemn six waterfront lots owned by Petitioner. When negotiations reached an impasse on the value of the lots, the District instituted t...

Osguthorpe v. Wolf Mountain Resorts, L.C.  
Date: March 5, 2013
Citation: 2013 UT 12
Docket Number: 20100928

Justia Opinion Summary: At issue in this case were two agreements: a ground lease agreement between ASC Utah, Inc. (ASCU) and Wolf Mountain Resorts, and a specifically planned area (SPA) development agreement, which had thirty-six signatories,...

Van De Grift v. State  
Date: March 5, 2013
Citation: 2013 UT 11
Docket Number: 20110994

Justia Opinion Summary: Appellants were defrauded by an individual on parole from a Utah prison. Appellants filed a complaint alleging causes of action against the State for negligent supervision, gross negligence, failure to warn, and negligen...

Vorher v. Court of Appeals  
Date: February 22, 2013
Citation: 2013 UT 10
Docket Number: 20110737

Justia Opinion Summary: Defendant pled guilty to disorderly conduct in the justice county and was sentenced to ninety days in jail and ordered to pay a fine. After conducting a trial de novo, the district court convicted Defendant of the origin...

Supernova Media, Inc. v. Pia Anderson Dorius Reynard & Moss, LLC  
Date: February 15, 2013
Citation: 2013 UT 7
Docket Number: 20110368

Justia Opinion Summary: This appeal centered a film created by SummitWorks and Supernova Media. SummitWorks and Supernova formed LLCs in several states. Supernova and SummitWorks later litigated the issue of who had the right to control the LLC...

State v. Chettero  
Date: February 15, 2013
Citation: 2013 UT 9
Docket Number: 20110667

Justia Opinion Summary: The Utah Highway Patrol performed a drug interdiction exercise on a rural stretch of the interstate. UHP chose to focus the bulk of its enforcement efforts on cars bearing out-of-state license plates. Defendant's Califor...

Peak Alarm v. Salt Lake City Corp.  
Date: February 15, 2013
Citation: 2013 UT 8
Docket Number: 20120050

Justia Opinion Summary: Michael Howe, an employee of Peak Alarm Company, filed a complaint against the City and several of its employees, presenting ten federal and state claims, including false arrest and defamation. The district court granted...

Basic Research, LLC v. Admiral Ins. Co.  
Date: February 8, 2013
Citation: 2013 UT 6
Docket Number: 20110556

Justia Opinion Summary: Basic Research, LLC marketed the weight-loss product Akavar. Customers who purchased Akavar filed lawsuits against Basic Research claiming false advertising, defective product, and failure to perform as promised. Basic R...

In re United Effort Plan Trust  
Date: January 29, 2013
Citation: 2013 UT 5
Docket Number: 20090691

Justia Opinion Summary: The United Effort Plan Trust, a charitable trust, was established by members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS church). Following allegations of trustee mismanagement, the district c...

Workers Comp. Fund v. Utah Bus. Ins. Co.  
Date: January 25, 2013
Citation: 2013 UT 4
Docket Number: 20110744

Justia Opinion Summary: An industrial accident occurred while Employer was insured under two separate workers compensation insurance policies, one with the Workers Compensation Fund (WCF) and one with the Utah Business Insurance Company (UBIC)....

State v. Simons  
Date: January 25, 2013
Citation: 2013 UT 3
Docket Number: 20110842

Justia Opinion Summary: Defendant, a passenger in a vehicle stopped for a traffic infraction, was arrested for possession of methamphetamine after being questioned and searched by a deputy sheriff. Defendant moved to suppress the fruits of the...

Proulx v. Salt Lake City Recorder  
Date: January 18, 2013
Citation: 2013 UT 2
Docket Number: 20120521

Justia Opinion Summary: A group called Move to Amend Salt Lake submitted a petition for certification of an initiative petition for placement on the local election ballot. Salt Lake City informed Move to Amend that their petition would not be p...

Perez v. South Jordan City  
Date: January 15, 2013
Citation: 2013 UT 1
Docket Number: 20120019

Justia Opinion Summary: On November 12, 2009, City dismissed Petitioner from his position as a city police officer. Petitioner appealed his termination to the City appeal board, which, after a hearing, affirmed the City's termination decision i...

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