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GRONNING v. SMART

No. 14846.

561 P.2d 690 (1977)

Carlyle F. GRONNING, in his official capacity as Chairman, Commissioner of the Industrial Commission of Utah, Plaintiff and Respondent, v. Herbert F. SMART, in his official capacity as Director of Finance, Department of Finance, State of Utah, and Administrator of the State Insurance Fund, et al., Defendants and Appellants.

Supreme Court of Utah.

March 8, 1977.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Joseph P. McCarthy, Asst. Atty. Gen., Salt Lake City, for defendants and appellants.

A. Wally Sandack, Roger D. Sandack, Special Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.

HALL, Justice:

Appeal from a declaratory judgment which held as constitutional certain legislative enactments appropriating funds from the State Insurance Fund to the Industrial Commission. Such an appropriation of trust funds by the Legislature is a violation of the Due Process Clause of the Fourteenth Amendment and Article I, Section 7 of the Utah Constitution, and the decision below is reversed.

The Industrial Commission is a state agency which exercises...

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