True v. Utah Department of Transportation

HARRIS, Judge (concurring):

¶ 50 I share my colleagues' view that the district court correctly entered summary judgment in UDOT's favor, and therefore agree that the district court's judgment should be affirmed. However, I reach that conclusion for different reasons. In my view, the Trues properly preserved for appellate review the issue of whether UDOT is immune from suit pursuant to the Utah Governmental Immunity Act's (the Act) "permit exception," and we ought to reach the merits of that issue. On the merits, however, UDOT has the better of the arguments. I would therefore affirm on the…