Francis v. State

Summary

The Supreme Court of Utah held that the State of Utah was not immune under the Utah Governmental Immunity Act's permit exception from negligence claims arising from a fatal bear attack on federally controlled land. Because the federal government, rather than Utah, controlled the campsite and any authorization to use or close it, the permit exception did not apply. The court also declined to affirm on alternative grounds that were not raised below and were not apparent on the record, and it remanded the case.

Holdings

1. The State was not immune under the permit exception because it did not issue, deny, suspend, revoke, or fail or refuse to issue, deny, suspend, or revoke a permit, license, approval, order, or similar authorization relating to the federally controlled campsite.
2. The court declined to affirm on the State's alternative public-duty and natural-condition arguments because those grounds were not raised below and were not apparent on the record.

Questions Presented

1. Whether the State was immune from the plaintiffs' negligence claims under the permit exception to the Utah Governmental Immunity Act when the federal government, rather than the State, controlled the land and had authority to issue or revoke camping authorization.
2. Whether the Supreme Court could affirm on the alternative grounds that the State owed no duty under the public-duty doctrine or that the Act's natural-condition exception applied when those arguments were not raised below and were not apparent on the record.

Disposition

reversed_and_remanded