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

Utah Statutes

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

Utah·Title 78B Judicial Code·Ch. 78B-6 Particular Proceedings·Part 78B-6-11 Nuisance

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Utah § 78B-6-1109 (Abatement by eviction order -- Grounds.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.