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LABOR COMMISSION v. FCS COMMUNITY MGMT.

No. 20210698-CA.

546 P.3d 1001 (2024)

2024 UT App 39

LABOR COMMISSION, ANTIDISCRIMINATION AND LABOR DIVISION; Natalie Sacks; and Devon Sacks, Appellees, v. FCS COMMUNITY MANAGEMENT and Rosecrest Communities Master HOA, Appellants.

Court of Appeals of Utah.

Filed March 21, 2024.

Attorney(s) appearing for the Case

Robert C. Keller , Nathanael J. Mitchell , Salt Lake City, Luisa R. Gough , and Melinda K. Bowen , Salt Lake City, Attorneys for Appellants.

Sean D. Reyes , Salt Lake City, Erin T. Middleton , and Scott G. Higley , Sandy, Attorneys for Appellees.

Judge David N. Mortensen authored this Opinion, in which Judges Michele M. Christiansen Forster and Ryan M. Harris concurred.

Amended Opinion*

¶1 This case presents the question of whether a homeowner association constructively denied an accommodation request for comfort chickens when keeping poultry was expressly prohibited by the community's covenants. On stipulated facts, the district court ruled that the...

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