Utah Plumbing & Heating Contractors Ass'n v. Board of Education of Weber County School District

(dissenting) :

I am in complete agreement with the main opinion’s analysis of the facts and application of the law. However, I am compelled to dissent because the main opinion is nothing but a gratuity — the issues discussed and decided therein are moot. This, for the reason that the plaintiffs are not real parties in interest and have no standing to initiate or maintain this action.1

The four plaintiffs are voluntary trade associations, conducting their business as nonprofit corporations. As such, they have the right to sue or be sued.2 But, they do not have the right to maintain or initiate…