478 P.3d 610
Utah2020Background
- In 1998 Duchesne County law enforcement seized extensive personal property from the Pinders during a murder investigation of their son; most items were never used at trial and were not returned until 2017.
- The Pinders pursued multiple suits: an Eighth District action in 2009 (dismissed for UGIA notice noncompliance), a 2011 federal §1983 suit (dismissed for ripeness), a 2015 Third District action seeking damages and declaratory relief, and a 2016 Fourth District petition under Utah Code §24-3-104 to recover property.
- The Third District dismissed all claims against county and state actors mainly for lack of subject-matter jurisdiction under the Utah Governmental Immunity Act (UGIA) (failure to file timely notice of claim) and for statutes of limitations.
- The Fourth District granted return of much of the property but denied the Pinders’ requests for attorney fees; the Pinders appealed both district-court outcomes and the appeals were consolidated.
- The Utah Supreme Court affirmed: (1) dismissal of the Third District claims (UGIA/no timely notice and statute-of-limitations bars), and (2) denial of attorney fees in the Fourth District.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pinders complied with UGIA notice-of-claim | Pinders contended some notices/representations by defendants estopped earlier accrual and that notices in 2011/2016 were sufficient | Defendants: claims accrued earlier and Pinders failed to file a timely notice under UGIA | Held: Pinders failed to file timely UGIA notices; UGIA bars negligence, conversion, conspiracy, and damages portions of Sixth Cause against county and AAGs (no jurisdiction) |
| When causes of action accrued for SOL purposes | Pinders argued accrual occurred later (post-2016 letters) or was tolled | Defendants: accrual occurred by 2000 (conversion/negligence/declaratory) or by 2009 (conspiracy/inverse condemnation) | Held: Court accepted district court dates — 2000 for conversion/negligence/decl declaratory; by 2009 for conspiracy and inverse-condemnation — SOLs barred claims |
| Whether continuing tort, law-of-the-case, or federal tolling saved inverse-condemnation / declaratory claims | Pinders urged continuing-tort tolling, policy estoppel, and 28 U.S.C. §1367(d) tolling | Defendants: single taking is not a continuing tort; prior proceedings don’t bind new case; §1367(d) applies only where state claims were pending in federal court | Held: Rejected all three doctrines — single taking is not continuing tort; law-of-the-case inapplicable across different actions; §1367(d) inapplicable because no state-law claims were in federal case |
| Whether state or federal due-process claims survive | Pinders invoked state due process on appeal | Defendants: issues not preserved below | Held: State due-process claim unpreserved; federal due-process claim waived on appeal (not challenged) |
| Entitlement to attorney fees in Fourth District (statutory bases) | Pinders sought fees under Utah statutes (including bad-faith fee statute) and 42 U.S.C. §1988 | Defendants: no statutory basis shown; UGIA does not bar fee requests in property-recovery action; §1988 inapplicable because no federal civil-rights claim in that action | Held: Fourth District had jurisdiction over fee requests but properly denied fees — no showing defendants acted in bad faith under Utah statute; §1988 inapplicable |
Key Cases Cited
- Amundsen v. Univ. of Utah, 448 P.3d 1224 (Utah 2019) (UGIA notice-of-claim compliance is jurisdictional)
- Farmers New World Life Ins. Co. v. Bountiful City, 803 P.2d 1241 (Utah 1990) (elements of inverse-condemnation action)
- Russell Packard Dev., Inc. v. Carson, 108 P.3d 741 (Utah 2005) (accrual occurs when last element of claim is complete)
- Quick Safe-T Hitch, Inc. v. RSB Sys. L.C., 12 P.3d 577 (Utah 2000) (declaratory-judgment statute of limitations principles)
- Wheeler v. McPherson, 40 P.3d 632 (Utah 2002) (UGIA waivers are narrow; claimant must follow notice procedures)
- Bingham v. Roosevelt City Corp., 235 P.3d 730 (Utah 2010) (continuing-tort doctrine requires multiple continuous tortious acts)
- Jenkins v. Swan, 675 P.2d 1145 (Utah 1983) (equitable claims like declaratory relief not governed by UGIA notice requirements)