Laney v. Fairview City

DURHAM, Chief Justice:

¶ 1 This case addresses whether Utah Code Ann. § 63-30-2(4)(a) (Supp.2000) violates article I, section 11, the “open courts” clause, of the Utah Constitution. The district court held that Fairview City (the City) is immune from suit for its alleged negligence under the Utah Governmental Immunity Act, Utah Code Ann. §§ 63-30-1 to -38 (1997 & Supp.2000).1 We hold that the 1987 amendment, declaring all acts of municipalities to be governmental functions, is unconstitutional as applied to municipalities operating electrical power systems. We reverse the summary judgment of…