Legal Opinion

Maese v. Davis County

Court of Appeals of Utah

Decided February 24, 2012No. 20100663-CAPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM DECISION

DAVIS, Judge:

{1 S. Steven Maese appeals the trial court's grant of Davis County's motion to dismiss Maese's complaint for failing to state a claim for which relief can be granted, see Utah R. Civ. P. 12(b)(6). We affirm.

1 2 On appeal, Maese argues that the facts contained in his complaint necessarily preclude dismissal, noting that "a trial court must accept all facts as alleged by the plaintiff as true" when ruling on a rule 12(b)(6) motion to dismiss. Specifically, Maese's complaint alleges that "the Davis County property transaction database is [itself] a public record…

2Cases cited7 opinions

  1. Valcarce v. FitzgeraldUtah Supreme Court · 1998
  2. Clover v. Snowbird Ski ResortUtah Supreme Court · 1991
  3. Aguilar v. Immigration & Customs Enforcement Division of United States Department of Homeland SecurityDistrict Court, S.D. New York · 2008
  4. Williams v. Sprint/United Management Co.District Court, D. Kansas · 2005
  5. Chapman Ex Rel. Chapman v. Primary Children's HospitalUtah Supreme Court · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Reynolds v. WoodallCourt of Appeals of Utah · 2012
  2. Mitchell v. ReconTrust CompanyCourt of Appeals of Utah · 2016
  3. Maese v. Tooele CountyCourt of Appeals of Utah · 2012
  4. Orten v. Utah CountyCourt of Appeals of Utah · 2024
  5. Mitchell v. ReconTrust CompanyCourt of Appeals of Utah · 2016

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