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SALT LAKE CITY v. NEWMAN

No. 20050505.

148 P.3d 931 (2006)

2006 UT 69

SALT LAKE CITY, Plaintiff and Respondent, v. Gary Allen NEWMAN, Defendant and Petitioner.

Supreme Court of Utah.

November 7, 2006.

Attorney(s) appearing for the Case

Aaron W. Flater, Salt Lake City, for plaintiff.

Debra Meek Nelson, Teresa L. Welch, Samuel P. Newton, Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

¶ 1 Petitioner Gary Newman asks this court to hold that a municipal ordinance is invalid when it implicitly conflicts with a state statute. Specifically, Newman challenges a Salt Lake City battery ordinance because it lacks an injury element found in the corresponding state statute. Without an injury element, the ordinance arguably prohibits that which the state statute implicitly permits: a...

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