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NORTHERN MONTICELLO ALLIANCE v. SAN JUAN

No. 20180225-CA.

468 P.3d 537 (2020)

2020 UT App 79

NORTHERN MONTICELLO ALLIANCE LLC, Appellant, v. SAN JUAN COUNTY, San Juan County Commission, Sustainable Power Group LLC, and Latigo Wind Park LLC, Appellees.

Court of Appeals of Utah.

Filed May 21, 2020.

Attorney(s) appearing for the Case

J. Craig Smith , Salt Lake City, Jennie B. Garner , and Jay L. Springer , Attorneys for Appellant.

Barton H. Kunz II , Paul W. Shakespear , and Elizabeth M. Brereton , Salt Lake City, Attorneys for Appellees.

Judge Gregory K. Orme authored this Opinion, in which Judge David N. Mortensen concurred. Judge Michele M. Christiansen Forster concurred in the result, with opinion.

Opinion

¶1 Northern Monticello Alliance, LLC (NMA) appeals the district court's grant of summary judgment in favor of Appellees. The court ruled that the San Juan County Commission properly remedied NMA's due process deprivation by allowing NMA to be heard even though it had no opportunity to present its own evidence...

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