TAYLOR-WEST WEBER WATER IMPROVEMENT v. OLDS

No. 20080504.

224 P.3d 709 (2009)

2009 UT 86

TAYLOR-WEST WEBER WATER IMPROVEMENT DISTRICT, Plaintiff and Appellee, v. Jerry OLDS, State Engineer of the State of Utah; Weber Basin Water Conservancy District; and United States of America Bureau of Reclamation, Defendants and Appellees, Roy City, Intervenor and Appellant.

Supreme Court of Utah.

December 22, 2009.


Attorney(s) appearing for the Case

Mark H. Anderson, Brett B. Rich, Salt Lake City, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Norman K. Johnson, Julie I. Valdes, Asst. Att'ys Gen., Salt Lake City, for defendant Jerry Olds.

Jody L. Williams, Steven J. Vuyovich, Salt Lake City, for defendant Weber Basin Water Conservancy District.

J. Craig Smith, Bryan C. Bryner, Salt Lake City, for intervenor.


PARRISH, Justice:

INTRODUCTION

¶ 1 In this case we consider whether a nonparty to an informal agency adjudication, which lacks standing to seek judicial review of the agency's decision, can intervene in the de novo review of that decision in the district court. Because intervention in the de novo review of an agency decision is governed by the Utah Rules of Civil Procedure, we conclude that the district court erred when it failed to consider the rules...

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