The Appellate Group

Bywater v. Brigham City Corp.

Bywater v. Brigham City Corp., 2024 UT App 53 (Tenney, J.)


Bywater granted the City some of his land to build a road. Bywater used the road to access his property ever after. The City later contested his access, but the district court granted Bywater an access easement. The Utah Court of Appeals concluded the issue was moot, holding: 

  • The City’s subsequent conduct, including not requesting a stay of the district court’s ruling pending appeal, mooted the question of Bywater’s access. 
  • Practice tips: 
    • Appellate courts can raise mootness on their own initiative.
    • Rule 24(c) of the Utah Rules of Appellate Procedure allows one party to join another party’s brief without leave of court.

Read the full court opinion