Salt Lake City v. Newman

¶ 18 I concur with the lead opinion’s conclusion that a trial de novo in a district court may not always be a “plain, speedy[,] and adequate remedy.” Utah R. Civ. P. 65B(a). I also agree with the lead opinion’s recognition of Newman’s right to petition, for an extraordinary writ and the trial court’s hearing and ruling thereon, although-1 would not limit the right to petition for an extraordinary writ to “truly exceptional” circumstances. However, I.believe that the ordinance unconstitutionally conflicts with the Utah assault, statute. See Utah Const, art. XI, § 5 (granting cities the…