Nielson v. Gurley

OPINION

ORME, Associate Presiding Judge:

Dale Gurley, an employee of the State of Utah, appeals the trial court’s judgment in favor of Parker M. Nielson. We vacate the judgment for lack of subject matter jurisdiction.

FACTS

Nielson trains hunting dogs as a hobby. To facilitate his hobby, Nielson obtained a permit from the Utah Division of Wildlife Resources (DWR) and negotiated a special use lease agreement with the State of Utah, Division of State Lands and Forestry, for the purpose of “releasing and propagating game-birds for hunting dog training.” During the morning of September 8, 1990,…