Brixen & Christopher Architects, P.C. v. State

52 I respectfully dissent. I would affirm the trial court's grant of Brixen's petition to quash the CID because I consider section 76-10-917, to the extent information obtained thereunder may be used in a criminal proceeding, to be unconstitutional, This is an appropriate case for this court to exercise its ability to affirm on any ground. See Dipoma v. McPhie, 2000 UT App 130, ¶ 4, 1 P.3d 564 (stating "[tlhis court may affirm a lower court's ruling on any alternative ground even though that ground or theory was not identified by the lower court as the basis of its ruling" (quotations and…