PacifiCorp v. Cardon, 366 P.3d 1226

PacifiCorp owns and must maintain a vegetative buffer strip along Cutler Reservoir and periodically accesses it via an old county road that crosses part of Cardon’s property (through his curtilage).
In 2009 PacifiCorp sued Cardon for nuisance and trespass after Cardon blocked access; Cardon committed discovery fraud and was held in contempt.
The district court entered a 2011 default judgment permanently enjoining Cardon from preventing PacifiCorp’s access to the reservoir, including access along the former county road that crosses his property. Cardon did not appeal that judgment.
After multiple post-judgment incidents in which Cardon again obstructed the road, PacifiCorp moved in 2014 to enforce the 2011 injunction; Cardon opposed and requested an evidentiary hearing, arguing the injunction did not cover the barnyard portion of the road.
The district court granted PacifiCorp’s motion to enforce, reaffirming the injunction covers the lane through Cardon’s property that connects to PacifiCorp’s route, and denied evidentiary hearing as the issue had been authoritatively decided in the 2011 judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court improperly enforced the 2011 default injunction to permit PacifiCorp access across the portion of the old road that crosses Cardon’s property	PacifiCorp: enforcement is proper because the injunction expressly includes access along the former county road that crosses defendant’s property, necessary to maintain the buffer strip	Cardon: enforcement improperly expands the 2011 judgment to allow access through his barnyard; PacifiCorp can access reservoir without using road across his property	Court: affirmed enforcement; judgment’s plain language authorizes limited access along the lane crossing Cardon’s property and does not grant unfettered access
Whether the court abused its discretion by denying an evidentiary hearing on the enforcement motion	PacifiCorp: no hearing needed because the issue was already decided by the 2011 injunction	Cardon: factual dispute about whether the road portion crossing his property was part of the former county road and whether access was necessary	Court: no abuse of discretion; rule permits denial when issue has been authoritatively decided by prior judgment

Berman v. Yarbrough, 267 P.3d 905 (Utah 2011) (standard and limits for motions to enforce judgments and requirement that enforcement be confined to the judgment’s clear mandate)
State v. Collins, 342 P.3d 789 (Utah 2014) (untimely appeals deprive appellate court of jurisdiction)