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FUNDAMENTALIST CHURCH OF JESUS v. LINDBERG

No. 20090859.

238 P.3d 1054 (2010)

2010 UT 51

The FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, an association of individuals, Petitioner, v. The Honorable Denise P. LINDBERG, Third District Court Judge, Respondent.

Supreme Court of Utah.

August 27, 2010.

Attorney(s) appearing for the Case

Kenneth A. Okazaki, Stephen C. Clark, Richard A. Van Wagoner, Salt Lake City, James C. Bradshaw, Rodney S. Parker, Sandy, for petitioner.

Brent M. Johnson, Salt Lake City, for respondent.

Mark L. Shurtleff, Att'y Gen., Annina M. Mitchell, Randy S. Hunter, Timothy A. Bodily, Asst. Att'ys Gen., Salt Lake City, for State of Utah.

Mark L. Callister, Jeffrey L. Shields, Michael D. Stanger, Spencer E. Austin, Mark W. Dykes, Brandon J. Mark, Salt Lake City, for United Effort Plan Trust by Bruce R. Wisan.

Roger H. Hoole, Gregory N. Hoole, Salt Lake City, for Richard Jessop Ream, et al.

Michael D. Zimmerman, Salt Lake City, for Dan Johnson, Merlin Jessop, and William E. Jessop.

Peter Stirba, Meb W. Anderson, R. Blake Hamilton, Salt Lake City, for Hilldale City, Colorado City, and Helaman Barlow.

J. Ryan Mitchell, Salt Lake City, for Harker Dairy, LLC.

Terry Goddard, Att'y Gen., William A. Richards, Chad B. Sampson, Asst. Att'ys Gen., Phoenix, AZ, for State of Arizona.

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 This case concerns the United Effort Plan Trust ("UEP Trust" or "Trust")—a trust originally formed in 1942 by what petitioners characterize as a fundamentalist religious group that was the predecessor of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The Trust was modified in 1998 so that it qualified as a charitable trust under Utah law. In 2006, the Utah Third District Court...

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