[DOWNLOAD] "Terracor v. Utah Board State Lands &" by Court of Appeals of Utah # eBook PDF Kindle ePub Free

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eBook details

• Title: Terracor v. Utah Board State Lands &
• Author : Court of Appeals of Utah
• Release Date : January 07, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Pursuant to Rule 65B(b)(3) of the Utah Rules of Civil Procedure, the plaintiff, Terracor, petitions this Court for extraordinary relief in the nature of a writ of mandamus, directing the Board of State Lands and Forestry and the Division of State Lands and forestry to rescind a special use lease ("SULA 593") issued by the Board to Bloomington Knolls Association. Terracor alleges that (1) the Board violated U.S.A. 1953, § 63-1-68, which permits the Board to sell subdivided school trust lands by public auction but does not allow the Board to dispose of such lands by negotiated leases; and (2) the Board breached its fiduciary responsibility to obtain the highest possible return from school trust lands by issuing SULA 593 without competitive bidding. Terracor claims that extraordinary relief is necessary because it has no plain and adequate remedy at law since section 65-1-9, which provides for appeals from some kinds of Board decisions, does not expressly state that appeals should be to the district court and that under decisions of this Court is not clear whether this Court or the district court is the proper forum for an appeal in the first instance. Terracor also claims extraordinary relief is appropriate because the language of section 76-1-68 is clear and mandatory, and under Archer v. Utah State Land Board, 15 Utah 2d 321, 392 P.2d 622, 623 (1964), and Hamblin v. State Board of Land Commissioners, 55 Utah 402, 187 P. 178 (1919), as well as Rule 65B, mandamus is an appropriate remedy where a public agency or official has violated a clear duty mandated by statute. The defendants counter that extraordinary relief is improper because Terracor only seeks clarification of an unclear statute and that Terracor had a plain and adequate legal remedy by means of an appeal under section 65-1-9. Since we deny Terracors petition for an extraordinary writ because it lacks standing, we do not decide these issues.

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