Utah Supreme Court re-hears polygamy trust cases
Lawyer Blogs
The Utah Supreme Court on Tuesday wrestled with the issue of who has the final say over state law as part of a long-running battle for control of a communal land trust tied to Warren Jeffs' polygamous church.
The question comes on the heels of a February federal court ruling, which found that the state of Utah violated the religious rights of members of the Fundamentalist Church of Jesus Christ of Latter Day Saints when it took over the church's land trust in 2005.
The ruling from U.S. District Judge Dee Benson could undo some six years of decisions by a state judge.
Attorneys for the FLDS believe the ruling should stand, while other parties dispute the right of a federal judge to meddle with a state judge's decision and to essentially override state law.
"Somebody's got to sort this out," said Utah Justice Thomas R. Lee, noting that Benson's decision leaves the high court wondering which iteration of the trust is in place and which trust managers are in control.
Valued at more than $114 million, the United Effort Plan Trust holds most of the land and homes of church members in Hildale, Utah, Colorado City, Ariz., and Bountiful, British Columbia. The Utah courts seized control of the trust in 2005 amid allegations of mismanagement by Jeffs and other church leaders.
Related listings
-
Judge renews visits for former Aryan Nation lawyer
Lawyer Blogs 04/13/2011A federal judge has amended an order granting visitation rights between a former Aryan Nations lawyer and the wife he's accused of trying to have killed.U.S. District Judge B. Lynn Winmill approved the highly monitored visits between 65-year-old Edga...
-
NY man amends Facebook ownership lawsuit
Lawyer Blogs 04/12/2011New York man who claims ownership in Facebook is now seeking 50 percent of the site's value from founder Mark Zuckerberg.Paul Ceglia of Allegany County originally sought 84 percent in a federal court complaint against Zuckerberg last year. He cited a...
-
Water woes in southern Nebraska loom again
Lawyer Blogs 04/08/2011A U.S. Supreme Court decision that breathed new life into a decades-long water-rights dispute on the Great Plains has renewed concerns among southern Nebraska farmers about what could happen to their livelihoods.The dispute centers on the Republican ...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.