Lynn A. Jenkins, Plaintiff and Appellant v. Karl G. Swan, Defendants and Respondents

Summary

The Utah Supreme Court held that Jenkins lacked standing to challenge educator-legislators, textbook requirements, and alleged conflict-of-interest violations because he alleged no distinct personal injury and occupied no position different from the public at large. It held, however, that his payment of property taxes under protest and allegations of increased taxes from unlawful exemptions gave him standing to pursue the tax-related claims, and that the Governmental Immunity Act did not impose its notice or undertaking requirements on those statutory or equitable claims. The court reversed dismissal of the tax-related causes of action and affirmed dismissal of the remaining claims. Wahlquist, District Judge, concurring in part and dissenting in part, would have remanded for an evidentiary hearing and a discretionary determination whether the broader constitutional issues warranted judicial review.