Hideout v. Summit County
Hideout v. Summit County, 2024 UT 16 (Pohlman, J.)
Standing/Statutory Interpretation
The Town of Hideout undertook to annex an area located in Summit County. After Hideout received a certification of annexation, Summit County challenged the annexation in district court. Both parties moved for summary judgment. The district court ruled in favor of Summit County. But the Utah Supreme Court reversed, holding:
- Summit County lacked standing because it could not articulate a legally protectable interest in the controversy, and public interest standing does not apply.
- Practice tip: In a footnote, the Court noted that members of the Court had previously expressed “serious doubt” about the doctrine of public interest standing. Because neither party addressed this, the Court also did not address the issue.
- Practice tip: Public interest standing does not apply if a plaintiff’s claims arise from a statutory scheme that excludes the plaintiff.