Rocky Mountain Thrift Stores Inc. v. Salt Lake City Corp.

STEWART, Associate Chief Justice:

This case is here on appeal for the second time. In Rocky Mountain Thrift Stores, Inc. v. Salt Lake City Corp., 784 P.2d 459, 464 (Utah 1989) (Rocky Mountain I), the Court reversed a summary judgment in favor of defendants and remanded for development of a factual record to determine whether the defendants’ decisions regarding the management of floodwaters were policy-type decisions for purposes of determining whether governmental immunity barred plaintiffs’ action for damages. See Utah Code Ann. § 63 — 30—10(l)(a). On remand and after additional discovery,…