The Appellate Group

M. Squared Enterprises v. St. George City

M. Squared Enterprises v. St. George City, 2024 UT App 50 (Orme, J.)

Statutory Interpretation

Plaintiff applied for a retail tobacco specialty business (RTSB) license. The City denied the application based on an ordinance prohibiting the operation of RTSBs within city limits. Plaintiff appealed, and the administrative hearing officer upheld the denial. Plaintiff next appealed to the district court, which also affirmed the denial. Plaintiff then appealed to the appellate courts. The Utah Court of Appeals affirmed, holding: 

  • The district court correctly interpreted the statute in upholding the City’s denial of the license.
  • Practice tip: The court noted that Utah Code section 10-8-41.6 “plainly delegates” the power to license RTSBs to municipalities.

Read the full court opinion