Lovendahl v. Jordan School District

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This case addresses two issues. The first concerns the scope of Utah’s Governmental Immunity Act (the Act). Utah Code *707Ann. § 63-30-1 to -36 (1997 Supp.2002). Section 63 — 30—10(18)(c) of the Act immunizes governmental entities from liability for injuries arising from “regulating, mitigating, or handling hazardous materials or hazardous wastes.” Granting the defendant school district’s motion for summary judgment, the trial court held as a matter of law the defendant school district immune from plaintiffs nuisance suit under section 63 — 30—10(18)(c) when…