BAIRD v. STATE

No. 14984.

574 P.2d 713 (1978)

R. Lamar BAIRD, a resident of the State of Utah for and on behalf of all other residents similarly situated, Plaintiff and Respondent, v. STATE of Utah, State Industrial Commission, Occupational Safety and Health Division, Utah Occupational Safety and Health Review Commission, Defendants and Appellants.

Supreme Court of Utah.

January 9, 1978.


Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., Harry E. McCoy II, Spec. Asst. Atty. Gen., James B. Lee, Kent W. Winterholler of Parsons, Behle & Latimer, Salt Lake City, for defendants and appellants.

Loren D. Martin, Salt Lake City, for plaintiff and respondent.


MAUGHAN, Justice:

Before us is a judgment of the District Court declaring Chapter 9, Title 35, as enacted 1973, U.C.A. 1953, unconstitutional. Based on the record before us, the trial court should have dismissed this action for declaratory judgment ex mero motu. It should have done so on the ground it lacked jurisdiction to render an advisory opinion. We reverse. No costs awarded.

Plaintiff merely alleged that he was employed and employing within the geographical...

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