Legal Opinion
Brereton v. Bountiful City Corp.
Court of Appeals for the Tenth Circuit
Decided January 26, 2006No. 05-4067PublishedCited by 695 opinions
1Opinion of the Court
PORFILIO, Circuit Judge.
B.L. Brereton brought this complaint challenging a Bountiful City, Utah parking ordinance. The district court concluded that Mr. Brereton lacked standing to pursue the action. It dismissed Mr. Brere-ton’s complaint with prejudice, denied his motion for new trial, and denied him leave to file a second amended complaint. On appeal, Mr. Brereton challenges the “with prejudice” aspect of the dismissal. We affirm the district court’s judgment insofar as it dismisses the action, but remand to the district court to modify the dismissal to be without prejudice.
FACTS
At the time…
2Cases cited19 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
- Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
- Costello v. United StatesSupreme Court of the United States · 1961
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3Cited by695 opinions
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- Knight v. Mooring Capital Fund, LLCCourt of Appeals for the Tenth Circuit · 2014
- CGC Holding Co. v. Broad & CasselCourt of Appeals for the Tenth Circuit · 2014
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