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PEEPLES v. STATE OF UTAH

No. 20030509-CA.

100 P.3d 254 (2004)

2004 UT App 328

Delone PEEPLES, an individual, Plaintiff and Appellant, v. STATE OF UTAH; and Magna Investments and Development, a limited partnership, Defendants and Appellee.

Court of Appeals of Utah.

September 23, 2004.

Attorney(s) appearing for the Case

Brock Van de Kamp and Dustin Lance, Siegfried & Jensen, Murray, for Appellant.

Mark L. Shurtleff, Attorney General, Barry G. Lawrence and Nancy L. Kemp, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges DAVIS, JACKSON, and THORNE.

OPINION

THORNE, Judge:

¶ 1 The trial court dismissed Delone Peeples's complaint for failure to strictly comply with the Utah Governmental Immunity Act (Act), which requires claimants to present a "brief statement of the facts" in their mandatory notice of claim. Utah Code Ann. § 63-30-11(3)(a)(i) (1997).1 We reverse and remand.

FACTUAL BACKGROUND2

¶ 2 On December 5...

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