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ROCKY MT. THRIFT STORES v. SALT LAKE CITY CORP.

No. 910471.

887 P.2d 848 (1994)

ROCKY MOUNTAIN THRIFT STORES INC., dba Hope of America Thrift Store; Sine Investment, Inc., dba Scotty's Travel Motor Hotels; Site, Inc., dba Ten Pin Lounge; Rancho Lanes, Inc., dba Rancho 42 Lanes Recreational Center; Jerry Sine Investments, a partnership dba Se Rancho Motor Hotel; and Stockholm Restaurant, Inc., Plaintiffs and Appellants, v. SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah; Salt Lake City Mayor Ted Wilson; Al Haynes, Assistant City Engineer; State of Utah; Scott Matheson, as Governor of the State of Utah; State Council of Defense; State Road Commission; and Salt Lake County, a body corporate and politic of the State of Utah, Defendants and Appellees.

Supreme Court of Utah.

December 13, 1994.

Attorney(s) appearing for the Case

Wesley F. Sine, Salt Lake City, for plaintiffs.

Roger F. Cutler, Bruce R. Baird, Steven W. Allred, Salt Lake City, for Salt Lake City defendants.

R. Paul Van Dam, Atty. Gen., Allan L. Larson, Anne Swensen, Salt Lake City, for State of Utah defendants.

David E. Yocom, Kevan F. Smith, Salt Lake City, for Salt Lake County.

STEWART, Associate Chief Justice:

This case is here on appeal for the second time. In Rocky Mountain Thrift Stores, Inc. v. Salt Lake City Corp., 784 P.2d 459, 464 (Utah 1989) (Rocky Mountain I), the Court reversed a summary judgment in favor of defendants and remanded for development of a factual record to determine whether the defendants' decisions regarding the management of floodwaters were policy-type decisions...

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