456 P.3d 728
Utah2019Background
- The Salt Lake Tribune investigated allegations that Brigham Young University (BYU) mishandled sexual-abuse reports and sought related records from the BYU Police Department via a GRAMA request (three categories including specified emails).
- BYU Police produced records for two categories but refused to produce the requested emails; Tribune appealed to the State Records Committee.
- The Records Committee concluded it lacked jurisdiction after determining BYU Police was not a "governmental entity" under the 2016 GRAMA and denied the appeal; the Tribune sought judicial review in district court.
- The district court granted summary judgment for the Tribune, holding BYU Police was a "governmental entity" subject to GRAMA; BYU sought interlocutory appeal, which the court of appeals certified to the Utah Supreme Court.
- During the appeal, the legislature amended GRAMA (2019) to explicitly include private university police departments as "governmental entities," and the Tribune filed a new GRAMA request under the amended statute.
- The Utah Supreme Court declined to decide the now-mooted statutory-interpretation issue and remanded the matter to the district court for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BYU Police was a "governmental entity" under the 2016 GRAMA | Tribune: BYU Police functions as a governmental entity and must disclose records under GRAMA | BYU/Records Committee: BYU Police is part of a private university and not a GRAMA governmental entity | Not decided on merits; court declined to decide interlocutory issue and remanded (status now governed by 2019 amendment) |
| Whether the Supreme Court should resolve the interlocutory appeal now | Tribune: Certifying the question is appropriate to resolve an important statutory issue | Respondents: Interlocutory review is discretionary and may be unnecessary given legislative changes | Court declined interlocutory review under Utah R. App. P. 5(g) and remanded to district court for further proceedings |
Key Cases Cited
- Copper Hills Custom Homes, LLC v. Countrywide Bank, FSB, 428 P.3d 1133 (Utah 2018) (interlocutory appeals under rule 5(g) are discretionary)
- Schroeder v. Utah Att'y Gen.'s Office, 358 P.3d 1075 (Utah 2015) (cited for using the operative version of a statute in effect at the time of the request)
- Manwill v. Oyler, 361 P.2d 177 (Utah 1961) (affirming refusal to entertain interlocutory appeals when issues may become moot or can await final judgment)