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BURGANDY v. STATE, DEPT. OF HUMAN SERVICES

No. 981504-CA.

983 P.2d 586 (1999)

T. Tron BURGANDY aka Ronald G. Smith, Petitioner and Appellant, v. STATE of Utah, DEPARTMENT OF HUMAN SERVICES, Respondent and Appellee.

Court of Appeals of Utah.

June 24, 1999.

Attorney(s) appearing for the Case

Michael E. Bulson, Utah Legal Services, Inc., Ogden, for Appellant.

Jan Graham, Attorney General, Ann Rozycki, and Karma K. Dixon, Assistant Attorney General, Salt Lake City, for Appellee.

Before BENCH, BILLINGS and JACKSON, JJ.

OPINION

BENCH, Judge:

¶ 1 Appellant asserts that the trial court erred in concluding that Utah Code Ann. § 35A-1-502 (1997) is constitutional. This statute requires repayment of General Assistance benefits when the recipient has elected to continue receiving benefits during the pendency of an unsuccessful appeal from an ineligibility determination. Appellant contends that the statute violates the open...

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