Salt Lake City v. Newman

PARRISH, Justice:

¶ 1 Petitioner Gary Newman asks this court to hold that a municipal ordinance is invalid when it implicitly conflicts with a state statute. Specifically, Newman challenges a Salt Lake City battery ordinance because it lacks an injury element found in the corresponding state statute. Without an injury element, the ordinance arguably prohibits that which the state statute implicitly permits: a battery that does not involve injury or risk of injury. We conclude that such an implied conflict does not render an ordinance unconstitutional. Because we discern no actual conflict…