424 P.3d 108 (Utah 2017). Utah Code Ann. Β§ 63G-7-402.
A party's "suggested interpretation" of a statute is not reasonable, however, when it "contradicts the plain language of the statute." State v. Watkins , 2013 UT 28, ΒΆ 27, 309 P.3d 209, superseded by statute on other grounds as stated in Christensen v. Juab School Dist. , 2017 UT 47, ΒΆ 14, 424 P.3d 108 ; cf. Saleh v. Farmers Ins. Exch. , 2006 UT 20, ΒΆ 17, 133 P.3d 428 (stating, in the context of contractual interpretation, that "to merit consideration as an interpretation that creates an ambiguity, the alternative rendition must be based upon the usual and natural meaning of the language used and may not be the result of a forced and strained construction" (quotation simplified)).ΒΆ12 Here, Wilkerson argues that the relevant statutory language is ambiguous, and can be reasonably interpreted in two different ways. Wilkerson acknowledges the State's interpretation: that the statute authorizes reimbursement for jail time spent both "before and after sentencing," as long as the jail time was the result of the same criminal activity of which the defendant was ultimately convicted.
This matter is before the court on Defendant Kamas City's Motion for Judgment on the Pleadings. (ECF No. 20.) The Honorable Clark Waddoups held a hearing on the motion on March 29, 2018. Daniel Baczynski appeared on behalf of Plaintiff Adam Jones, and Britton Butterfield appeared on behalf of Defendant. After due consideration of the parties' filings and oral arguments, and otherwise being fully advised, IT IS HEREBY ORDERED, for the reasons stated on the record based on Christensen v. Juab School District, 2017 UT 47 (Utah 2017), and Acor v. Salt Lake City School District, 247 P.3d 404, 2011 UT 8 (Utah 2011), that Defendant's motion (ECF No. 20) is granted as to the two stipulated counts (see Jones's Response Brief, p. 2 n. 1, ECF 21; Stipulated Motion to Clarify, ECF 68) and DENIED as to the official neglect and misconduct count. IT IS FURTHER ORDERED that the parties' dispositive motions shall be filed on or before Friday, June 29, 2018. If no dispositive motions are filed, a status conference will be held on Monday, July 16, 2018, at 2:45 before Judge Waddoups. It is contemplated that no further discovery is needed. If that should change, the parties may raise the issue before the court.
This matter is before the court on Defendant Kamas City's Motion for Judgment on the Pleadings. (ECF No. 20.) The Honorable Clark Waddoups held a hearing on the motion on March 29, 2018. Daniel Baczynski appeared on behalf of Plaintiff Adam Jones, and Britton Butterfield appeared on behalf of Defendant. After due consideration of the parties' filings and oral arguments, and otherwise being fully advised, IT IS HEREBY ORDERED, for the reasons stated on the record based on Christensen v. Juab School District, 2017 UT 47 (Utah 2017), and Acor v. Salt Lake City School District, 247 P.3d 404, 2011 UT 8 (Utah 2011), that Defendant's motion (ECF No. 20) is GRANTED as to the two stipulated counts (see Jones's Response Brief, p. 2 n.1, ECF No. 21) and DENIED as to the official misconduct count. IT IS FURTHER ORDERED that the parties' dispositive motions shall be filed on or before Friday, June 29, 2018. If no dispositive motions are filed, a status conference will be held on Monday, July 16, 2018, at 2:45 before Judge Waddoups. It is contemplated that no further discovery is needed. If that should change, the parties may raise the issue before the court.