Thayer v. Washington County School District

T29 The question certified to us by the federal district court in this case is whether the Washington County School District is entitled to immunity under the "licensing exception" to the waiver of governmental immunity in Utah Code section 68G-T-801(5)(c). I disagree with the court's conclusion that the School District lacks immunity as a matter of law. In my view, the District's immunity depends on the resolution of questions of fact that are not before us. I would highlight those questions and leave their resolution to further proceedings in the federal district court.

I 30 The question…