U.S. District Court, District of Utah · 2:25-cv-00735-TS-DBP · Federal
The Preserve v. Kamas City
Granted in part UPEPA
- Forum
- U.S. District Court, District of Utah
- Case number
- 2:25-cv-00735-TS-DBP
- Motion decided
- May 6, 2026
- Outcome
- Granted in part
- Underlying case
- Closed in federal court. The state-law claims were dismissed in a way that lets them be filed again.
- Conduct at issue
- Advocacy by a nonprofit and municipal officials against a ballot initiative to incorporate the town of West Hills
- Underlying claims
- Federal RICO and RICO conspiracy, civil conspiracy, Utah Pattern of Unlawful Activity Act, tortious interference, Utah due process
What the court held
- Judge Ted Stewart dismissed both RICO claims for failure to plead predicate acts: the wire fraud allegations lacked reliance and injury and the honest-services theory alleged neither bribes nor kickbacks. With no federal claim left he declined supplemental jurisdiction and dismissed the state claims without prejudice, mooting the TRO. On UPEPA the parties disputed whether the act applies in federal court, and the court expressly held it "need not determine whether UPEPA applies." The one case to join the applicability question produced no ruling on it.
Source
Other UPEPA matters
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Brunette v. Engemann and Jeff Jenkins Productions
Tanner v. Deininger
Aston v. Chronicle-Progress LLC
Not legal advice. Deadlines in your case may differ. Talk to a lawyer.