Utah § 78B-6-1109 Abatement by eviction order -- Grounds.

Utah Statutes

§ 78B-6-1109 — Abatement by eviction order -- Grounds.

Utah § 78B-6-1109

Title 78BJudicial Code

Ch. 78B-6Particular Proceedings

Part 78B-6-11Nuisance

This text of Utah § 78B-6-1109 (Abatement by eviction order -- Grounds.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-6-1109 (2026).

Text

A court shall issue an order of abatement by eviction if the applicant shows, by a preponderance of the evidence, that:

(1)the applicant will suffer irreparable harm unless the order of abatement by eviction issues;

(2)the threatened injury to the applicant outweighs any damage the proposed order of abatement by eviction may cause the party to be evicted;

(3)the order of abatement by eviction would not be adverse to the public interest; and

(4)there is a substantial likelihood that:

(4)(a) the applicant will prevail on the merits of the underlying claim; or

(4)(b) the case presents serious issues on the merits which should be the subject of further litigation.

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A court shall issue an order of abatement by eviction if the applicant shows, by a preponderance of the evidence, that:
(1) the applicant will suffer irreparable harm unless the order of abatement by eviction issues;
(2) the threatened injury to the applicant outweighs any damage the proposed order of abatement by eviction may cause the party to be evicted;
(3) the order of abatement by eviction would not be adverse to the public interest; and
(4) there is a substantial likelihood that:
(4)(a) the applicant will prevail on the merits of the underlying claim; or
(4)(b) the case presents serious issues on the merits which should be the subject of further litigation.