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784 P.2d 143

122 UtahAdv.Rep. 3

Lichtefeld v. Cutshaw

Utah Supreme Court

Decided November 21, 1989

Utah Supreme Court · decided 1989-11-21

Cited by 2 later decisions — most recently April 1992

2 state decisions

Relies on Horton v. Goldminer's Daughter · Sun Valley Water Beds of Utah, Inc. v. Herm Hughes & Son, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-21

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PER CURIAM:

¶1On motion of defendants, the trial court dismissed plaintiff’s complaint on the ground that Utah Code Ann. § 78-12-25.5 (Supp.1989) bars plaintiff’s action. Plaintiff appeals, arguing that the statute, Utah’s architects and builders statute of repose, is unconstitutional as depriving plaintiff of constitutional rights. Recently this Court ruled that the statute violates article I, section 11 of the Utah Constitution, the open courts clause. See Horton v. Goldminer’s Daughter, 785 P.2d 1087 (Utah 1989); Sun Valley Water Beds of Utah v. Herm Hughes & Son, Inc., 782 P.2d 188 (1989).

¶2The judgment is reversed, and the case is remanded for further proceedings.

HOWE, Associate C.J., having disqualified himself, does not participate herein.
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