Roussel v. State
Roussel v. State, 2025 UT 5 (Hagen, J.)
Civil/Civil Procedure
The Utah Supreme Court held:
- Plaintiffs’ claims that several statutes are unconstitutional were nonjusticiable. But, the district court should have dismissed the claims without prejudice.
- Practice tip: Constitutional challenges to statutes are moot when a challenged section is significantly altered after the lawsuit is filed.
- Practice tip: Instructing government defendants on how they must act “going forward” amounts to an impermissible advisory opinion.