Saturday, December 31, 2005

A few treats from the supreme court

State v. Orr, 2005 UT 92

Q: What due process is required to extend probation?

A: Minimal due process.

The court clarifies the due process requirements for criminal probation extension. All you need is (1) notice of the violation before the end of the probationary period, (2) a hearing, and (3) written findings on the evidence and the reasons for revoking probation. In a pinch, a transcript of oral findings at the hearing will do.

The View Condo Owners Ass'n v. MSICO, 2005 UT 91

Two issues: (1) A restrictive parking covenant created in the master declaration and plat map of a development in Alta was not terminated by a subsequent amendment to the plat map. The court held that the unambiguous language of the declaration and plat map made the parking covenant a servitude that ran with the land. The court also held that the changes in the amended plat were consistent with the parking covenant.

(2) Alta's change to its snow removal plan for the development was not a regulatory taking.


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