MAESE v. DAVIS COUNTY

No. 20100663-CA.

273 P.3d 949 (2012)

2012 UT App 48

S. Steven MAESE, Plaintiff and Appellant, v. Davis COUNTY, Defendant and Appellee.

Court of Appeals of Utah.

February 24, 2012.


Attorney(s) appearing for the Case

Kelly Ann Booth , Salt Lake City, for Appellant.

William K. McGuire and Neal C. Geddes , Farmington, for Appellee.

Before Judges DAVIS, ROTH, and CHRISTIANSEN.


MEMORANDUM DECISION

DAVIS, Judge:

¶ 1 S. Steven Maese appeals the trial court's grant of Davis County's motion to dismiss Maese's complaint for failing to state a claim for which relief can be granted, see Utah R. Civ. P. 12(b)(6). We affirm.

¶ 2 On appeal, Maese argues that the facts contained in his complaint necessarily preclude dismissal, noting that "a trial court must accept all facts as alleged by the plaintiff as true" when...

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