Thomlinson v NCR Corporation

Tomlinson sued NCR alleging wrongful discharge and bad faith. The district court granted summary judgment to NCR.  The Court of Appeals reversed holding Tomlinson’s at will status had to be determined by a jury. The Court reversed. It held that neither policy Tomlinson relied upon to overcome at will status did so because one is silent as to status which is insufficient and the other expressly disclaims contractual effect.  The Court held disclaimers do not need to include “at will” to be effective.

Mawhinney v City of Draper

Mawhinney sought to refer a tax hike to the voters in a special district. City declared the increase an administrative act and refused to refer the issue to the voters. The Court granted extraordinary relief in September 2014 and ordered the issue placed on the ballot. In its opinion released today, the Court held that the tax increase was legislative in nature because it was generally applicable and the city council had to weigh policy options before making the decision. It held the tax was actually a tax because it was a property levy under the applicable statutes, that referenda area allowed for special districts and other subdivisions of municipalities and the Utah constitution does not bar the state legislature from allowing these referenda and the possible effects on nonresidents were simply irrelevant to the analysis as the loss of revenue would be dealt with by City subject to further referendums.