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CME v. TOOELE COUNTY EX REL. TOOLE COUNTY COM'N.

No. 20070320.

214 P.3d 95 (2009)

2009 UT 48

CEDAR MOUNTAIN ENVIRONMENTAL, INC., a Utah Corporation, and Charles A. Judd, an individual, Plaintiffs and Appellants, v. TOOELE COUNTY, a political subdivision of the State of Utah, acting by and through the TOOELE COUNTY COMMISSION, Defendant and Appellee, EnergySolutions, LLC, a Utah Limited Liability Company, Intervenor, Defendant, and Appellee.

Supreme Court of Utah.

July 31, 2009.

Attorney(s) appearing for the Case

James S. Lowrie, Lewis M. Francis, Salt Lake City, for plaintiffs.

Barton H. Kunz II, Craig V. Wentz, Salt Lake City, for defendant Tooele County.

Alan L. Sullivan, Troy L. Booher, Tyler L. Murray, Salt Lake City, for Intervenor-defendant Energy Solutions.

AMENDED OPINION*

DURHAM, Chief Justice:

¶ 1 Appellants, Cedar Mountain Environmental and Charles Judd (collectively, CME), appeal the district court's grant of summary judgment to Tooele County (the County) and EnergySolutions, LLC and the denial of CME's cross-motion for summary judgment. We reverse.

BACKGROUND

¶ 2 CME transports low-level radioactive waste. Interested in developing a nuclear material...

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