White v. Randall

¶ 27 I concur with the result reached by the majority but write separately to note that my agreement is based solely on the parties' acquiescence to the use of the mapping software by the district court. It is a basic concept of our legal system that the trier of fact must base its findings on the record evidence. See Salt Lake City v. United Park City MinesCo., 28 Utah 2d 409, 503 P.2d 850, 852 (1972) ("[N]either a judge nor a jury is permitted to go outside the evidence to make a finding."). The district court, albeit with good intentions, violated that rule. In my view, the district court…