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2002 UT 89

Gallivan v. Walker

Utah Supreme Court

Decided August 26, 2002

Utah Supreme Court · decided 2002-08-26

Key passage — most relied on by later courts

“[Clourts should generally resolve cases on the narrowest applicable grounds unless specific reasons exist for offering broader guidance.”

quoted by 3 later decisions, including State v. Walker, State v. Maestas

Good law ✅— No negative treatment on recordhow we know

Decided 2002-08-26

How this case has been cited

Cited by 48 later decisions — most recently November 2025 · most notably Initiative & Referendum Institute v. Walker (2006), State v. Maestas (2012)

3 federal appellate · 4 district · 36 state decisions

240200220102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

DURHAM, Chief Justice,

¶1concurring:

¶2197 I concur with Justice Russon's opinion, with the exception of Part B ("Federal Equal Protection"). Having concluded that *1100the multi-county signature requirement violates the Utah constitution, the court ought not, in my view, offer what is in effect an advisory opinion on the federal question. When this court has determined that state constitutional law does not permit the challenged legislative action, the case is fully resolved, and the federal claim becomes moot. This seems to me to be a fundamental characteristic of federalism, and consistent with the perspective that courts should generally resolve cases on the narrowest applicable grounds unless specific reasons exist for offering broader guidance. I agree that the federal question is an important one, and perhaps the United States Supreme Court would appreciate this court's analytic contribution when and if the question reaches that court (in Idaho Coalition United for Bears, for example), but I think that this is fundamentally a state law case, given the unique role that initiative lawmaking has in the state system, and the absence of any federal constitutional counterpart.

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