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JENKINS v. STATE

No. 16034.

585 P.2d 442 (1978)

Lynn A. JENKINS, Plaintiff and Respondent, v. STATE of Utah, Moroni L. Jensen, President of the Senate, and Glade L. Sowards, Speaker of the House of Representatives of the 42nd Legislature of the State of Utah, Defendants and Appellants.

Supreme Court of Utah.

September 22, 1978.

Attorney(s) appearing for the Case

James B. Lee and James M. Elegante, Salt Lake City, for plaintiff and respondent.

Robert B. Hansen, Atty. Gen., Michael L. Deamer, Deputy Atty. Gen., Melvin E. Leslie, Michael T. McCoy, Salt Lake City, for defendant and appellant.

MAUGHAN, Justice:

Before us is a summary judgment in favor of plaintiff, who appeared pro se in the trial court.

The court held:

1. It had jurisdiction. 2. Plaintiff had standing. 3. The Forty Second, 1977-78 Utah Legislature was already seated, and is a de facto legislature. 4. All laws enacted by the 1977-78 legislature are valid, and monies collected by that body need not be returned to the people. 5. Administrators...

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