[Download] "Lynn A. Jenkins v. Karl G. Swan" by Court of Appeals of Utah " Book PDF Kindle ePub Free
eBook details
- Title: Lynn A. Jenkins v. Karl G. Swan
- Author : Court of Appeals of Utah
- Release Date : January 10, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
DURHAM, Justice: Plaintiff/appellant, Lynn A. Jenkins (Jenkins), has filed this multi-party and multi-faceted lawsuit which defies a simple and concise explanation. In a one division complaint directed to all defendants, Jenkins seeks a judgment concerning certain aspects of the educational system of the state of Utah and five of its school districts, and concerning the taxing practices of Salt Lake County and the state of Utah. Apparently none of the defendants considered it necessary to exercise their rights under Rule 12(e) of the Utah Rules of Civil Procedure to require a more definite statement in light of what is arguably an ambiguous complaint. All the defendants, rather, proceeded under Rule 12(b) of the Utah Rules of Civil Procedure, to ask that the entire complaint be dismissed for, inter alia, a lack of jurisdiction because Jenkins lacked standing to press these claims, failure to state a claim upon which relief can be granted, failure to comply with the Utah governmental immunity statute, U.C.A., 1953, § 63-30-1 to -38 (1978 and Supp. 1981 and Interim Supp. 1983), and the previous adjudication of the issues in similar suits filed by Jenkins. In response to these motions, the district court dismissed Jenkins complaint "as to all of the defendants" because: (1) Jenkins lacked standing, (2) Jenkins failed to comply with notice and undertaking requirements of the governmental immunity act, and (3) the matter was res judicata as "most issues" have already been decided by the Utah Supreme Court. On appeal, Jenkins asks that the district courts order of dismissal be reversed.