No. 25-1159

Duane Morley Cox v. Teresa Wilhelmsen, et al.

Lower Court: Utah
Docketed: 2026-04-08
Status: Pending
Type: Paid
Tags: administrative-law due-process equal-protection fifth-amendment judicial-review water-rights
Latest Conference: N/A
Question Presented (from Petition)

A. First Constitutional Question: "Does the Order of the District Court Granting Respondents Motion To Dismiss Violate Petitioner's Due Process Rights Under the 5th Amendment to The U.S. Constitution?"

B. Second Constitutional Question: "Does the Order of the District Court Granting Respondent's Motion to Dismiss violate Petitioner's Right to Equal Treatment Under the 14th Amendment to the U.S. Constitution?"

C. Third Constitutional Question: "Does the Order of the District Court, Granting Respondent's Motion to Dismiss, if sustained, create a new and novel Precedent which gives a Utah State Agency power to impair an Individuals property right and avoid subsequent Judicial Review by simply with-holding service of the Order on the impacted individual?

Question Presented (AI Summary)

Whether dismissal of a judicial review complaint by a district court violates a property owner's due process and equal protection rights under the Fifth and Fourteenth Amendments when the state agency failed to serve the owner with notice of an order impairing the owner's water right

Docket Entries

2026-02-28
Petition for a writ of certiorari filed. (Response due May 8, 2026)

Attorneys

Duane M. Cox
Duane Morley Cox — Petitioner