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COX v. LAYCOCK

No. 20140764.

345 P.3d 689 (2015)

2015 UT 20

Spencer J. COX, in his official capacity as Lieutenant Governor for the State of Utah, Petitioner, v. The Honorable Claudia LAYCOCK, in her official capacity as District Court Judge in the Fourth Judicial District, Millard County, State of Utah, Respondent. Jim Dyer, Steve Maxfield, T.J. Lovato, Scott Blackburn, Russell Jones, Wendy Leathum, and Todd MacFarlane, Third-Party Cross-Petitioners, v. Norma Brunson, in her official capacity as Millard County Clerk; The Honorable Claudia Laycock, in her official capacity as District Court Judge in the Fourth Judicial District, Millard County, State of Utah; and Spencer J. Cox, in his official capacity as Lieutenant Governor for the State of Utah, Third-Party Cross-Respondents.

Supreme Court of Utah.

January 30, 2015.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Thom D. Roberts , Asst. Att'y Gen., Salt Lake City, for petitioner.

Brent M. Johnson , Salt Lake City, for respondent.

Steven Maxfield, Kanosh, Utah, for real party in interest pro se.

Dwight G. Beckstrand , Kanosh, Utah, for real party in interest Jim Dyer.

Kathleen M. Liuzzi , Salt Lake City, for real party in interest James I. Withers.

Todd MacFarlane , Kanosh, Utah, for real parties in interest T.J. Lovato, Russell Jones, Wendy Leathum, Scott Blackburn, Todd MacFarlane.

Richard Waddingham , Delta, Utah, for real party in interest Millard County.

Associate Chief Justice NEHRING authored the opinion of the Court with respect to Parts I, IV, and VI, in which Chief Justice DURRANT, Justice DURHAM, Justice PARRISH, and Justice LEE joined, and the opinion of the Court with respect to Part V, in which Chief Justice DURRANT, Justice DURHAM, and Justice PARRISH joined, and the opinion of the Court with respect to Part III, in which Justice DURHAM and Justice PARRISH joined. Associate Chief Justice NEHRING authored a dissent with respect to Part II, in which Justice PARRISH joined. Justice LEE authored the opinion of the Court with respect to Part II of this opinion, in which Chief Justice DURRANT and Justice DURHAM joined, and an opinion dissenting in part, in which Chief Justice DURRANT joined, and concurring in part.

INTRODUCTION

¶ 1 This matter comes before us by a petition for extraordinary writ filed by Utah Lieutenant Governor Spencer Cox regarding the Republican primary election for Millard County Commissioner Seat A. The lieutenant governor challenges an August 14, 2014 district court...

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