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HOYER v. STATE

No. 20080103.

212 P.3d 547 (2009)

2009 UT 38

Ryan HOYER and Richard F. Hoyer, Plaintiffs and Appellants, v. STATE of Utah, Division of Wildlife Resource; Jim Karpowitz; Richard Ashcroft; Rudy Musclow; and Miles Moretti (in their official capacity as officials of the Utah Division of Wildlife Resources), Defendants and Appellee.

Supreme Court of Utah.

June 19, 2009.

Attorney(s) appearing for the Case

Stephen D. Spencer, Nathan Whittaker, Murray, for appellants.

Mark L. Shurtleff, Att'y Gen., Bridget K. Romano, Asst. Att'y Gen., Salt Lake City, for appellee.

NEHRING, Justice:

INTRODUCTION

¶ 1 Ryan Hoyer and his father, Richard Hoyer, sued Utah Division of Wildlife Resources for negligence. DWR seized approximately sixty-five rubber boa snakes from Ryan Hoyer's home. After the snakes were seized, Ryan discovered that all but eight of the snakes died while in the "care" of DWR. Through their lawsuit, the Hoyers sought to recover damages for the death of the snakes. DWR moved for summary judgment, which the...

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