Gallivan v. Walker

THORNE, Court of Appeals Judge,

concurring in part and dissenting in part.

T8 I concur with the court's decision holding that Utah Code Ann. § 20A-7-207(4) (1998) does not confer jurisdiction upon this court to consider a constitutional challenge to the statute.

T 9 I respectfully dissent from today's decision to assert jurisdiction over this action, and thereby examine petitioners' underlying substantive claim, pursuant to this court's extraordinary writ authority.

1 10 In the instant case petitioners do not argue that the Hieutenant governor improperly counted the number of signatures, nor do…