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LANEY v. FAIRVIEW CITY

No. 981729.

57 P.3d 1007 (2002)

2002 UT 79

Rhonda Lee LANEY, individually and as guardian ad litem of S.B. and R.A., minors, Plaintiff and Appellant, v. FAIRVIEW CITY, a municipal corporation, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied October 29, 2002.

Attorney(s) appearing for the Case

Brent D. Young, Provo, for plaintiff.

Andrew M. Morse, Keith A. Call, Salt Lake City, for defendant.

Mark L. Shurtleff, Att'y Gen., Brent A. Burnett, Asst. Att'y Gen., Salt Lake City, for amicus the State of Utah.

DURHAM, Chief Justice:

¶ 1 This case addresses whether Utah Code Ann. § 63-30-2(4)(a) (Supp.2000) violates article I, section 11, the "open courts" clause, of the Utah Constitution. The district court held that Fairview City (the City) is immune from suit for its alleged negligence under the Utah Governmental Immunity Act, Utah Code Ann. §§ 63-30-1 to -38 (1997 & Supp.2000).1 We hold that the 1987 amendment, declaring...

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