Law and order utah's top 2013 legal stories: We asked the legal community to dish on what they think were the state's top legal cases and stories of 2013. From the Swallow scandal to trouble in the West Valley City Police Department to same-sex marriage, here's a rundown of Utah's headline-grabbing legal stories.

AuthorMadison, Rachel
PositionTop Legal Stories

Tooele City's Losing Battle

A decade-long battle between Tooele City and Tooele Associates, the developer of housing subdivision Overlake, nearly ended in 2013. On Nov. 9, 2013, Utah 3rd District Court Judge Randall Skanchy issued a judgment that upheld a 2009 verdict ordering Tooele City to pay $20.7 million, plus interest, to Tooele Associates. The lawsuit began when Tooele Associates alleged that the city misapplied public improvement ordinances and required public improvements in Overlake to meet standards not requisite of other developers, among other grievances. Skanchy has denied numerous motions filed by Tooele City over the last 10 years, including one request for a new trial. After entering his final judgment in favor of Tooele Associates in November, the Tooele City Council has decided to appeal Skanchy's judgment. The city council also approved a resolution in response to a law that requires the city to post a bond to cover the amount of the award in excess of $5 million to stay the judgment during the appeal process.

New Domestic Asset Protection Trust Statute

When the Domestic Asset Protection Trust (DAPT) statute went into effect as of May 14, 2013, Utah joined only a small handful of states with laws that allow for the protection of assets from creditors or predatory litigation--while at the same time preserving the ability to use and control the assets.

This type of trust can protect, for example, a primary residence, enabling the settlor-beneficiary to live in the home without exposing it to claims from creditors. The trust can also hold investments, including real estate investments, as well as business ventures with only modest appreciation.

MRI's Courtroom Boomerang

Mineral Resources International, Inc., an ingredient supplier and manufacturer of nutritional supplements in Ogden, tried to prove in state court that two former managers, David Schenk and Mitch Shaw, had breached non-compete agreements, stolen trade secrets and interfered with contractual relations. In an amended 2011 complaint filed in the Second Judicial District of Weber County, MRI sought damages exceeding $700,000 against the defendants, which also included Salt Lake Minerals, LLC; Minerals-4-Health, LLC; and Schenk Family Limited Partnership, among others. Ultimately the company's trial backfired, and on April 5, 2013, the jury returned a verdict in favor of the defendants. The defendants were awarded $850,000 in damages based on evidence that MRI had...

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