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SALT LAKE CITY v. McCLEVE

No. 20070957.

190 P.3d 1240 (2008)

2008 UT 41

SALT LAKE CITY, Plaintiff and Petitioner, v. The Honorable Sheila K. McCLEVE, Judge of the Third District Court, Salt Lake County, Respondent, Sarah McKenna, Defendant and Respondent.

Supreme Court of Utah.

July 8, 2008.

Attorney(s) appearing for the Case

Simarjit Singh Gill, Edward A. Berkovich, Salt Lake City, for petitioner.

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

David E. Rosenbloom, Park City, for respondent McKenna.

WILKINS, Justice:

¶ 1 Salt Lake City has petitioned for extraordinary relief following an adverse ruling by the Honorable Sheila K. McCleve in a proceeding by the City against Sarah McKenna. We grant the relief requested and remand the case to the district court, with leave for Salt Lake City to withdraw its prior certification.

BACKGROUND

¶ 2 On November 30, 2006, Sarah McKenna was arrested for driving under the influence, and subsequently...

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