July, 2020

On July, 17, 2020, Judge Pullan issues a Ruling and Order re the Scope of the Utah Supreme Court Mandate restating the threshold question identified by the Utah Supreme Court at the time this matter was remanded.  Specifically, the threshold question is whether “there is a basis in historical fact – in the understanding of public easements in the late 19th century – for the easement [the Utah Supreme Court] recognized in Conatser.”  The Court then orders the proceedings to be conducted in two phases:  “In phase one the court will determine “ (1) the threshold question; and (2) if that question is decided in USAC’s favor, the question of whether the Conatser easement was a “land of the State” that was “acquired” and “accepted” for the purposes of article XX, section 1.  If the issues in phase one are decided in USAC’s favor, we will move to phase two.  In phase two, the Court will decide (1) whether the PWAA violated article XX, section 1 by “disposing” of the easement for purposes other than those for which it was acquired;” and (2) even if no disposition was made, whether the PWAA violated the requirement that lands of the State be held in trust for the people.”