JEFFS V. STUBBS
970 P.2d 1234 (1998)
NATURE OF THE CASE: Jeffs (P), land trustees, sought review of decision by a Utah trial
court granting Stubbs (D), land claimants, equitable relief with regard to the occupation of
land. P requested review of a finding that the land trust was charitable.
FACTS: Members of the Church of Jesus Christ of Latter-Day Saints organized a movement
called the Priesthood Work to continue the practice of plural marriage outside that church.
In the early part of this century, they in an isolated area to avoid interference with their
religious practices. They secured a large tract of land in this area, and adherents of The
Work began to settle there. They continued to secure additional land in the area. Adherents
bought land and deeded it to The Work. Eventually, the leadership of The Work formed a trust
to hold title to the land. This trust failed, and, for the most part, the land was deeded
back to those who contributed it. In 1942, the Priesthood Council signed and recorded in
Mohave County, Arizona, a Declaration of Trust for the United Effort Plan. After the
Priesthood Council formed the UEP, adherents deeded most of the land that had been held by
the first trust to the UEP. Over the years, the UEP acquired more land as adherents obtained
and deeded it to the trust. The UEP currently owns all the land occupied by Ps. Members who
built on the trust land were aware that they could not sell or mortgage the land and that
they would forfeit their improvements if they left the land. UEP did encourage its members
to improve the lots assigned to them and represented to its members that they could live on
the land permanently, by using such phrases as 'forever' or 'as long as you wanted.' The
leaders also told members that having a home on UEP land was better than having a deed
because creditors could not foreclose upon the land for members' debts. Eventually adherents
of The Work split into two groups: one group, led by Rulon T. Jeffs ('Jeffs'), acquired
control of the UEP. A second group, led by J. Marion Hammon and Alma Timpson, includes most
of the Ps in the present case. In 1986, Jeffs declared that all those living on UEP land
were tenants at will. In 1987, Ps filed an action asking the court to determine their rights
in the property. UEP (D) filed an unlawful detainer action and several quiet title actions
against some of the claimants in state court in 1989 and 1993. The state court stayed these
cases pending resolution of Ps' federal action. In 1993, the federal district court
dismissed the federal claims for lack of subject matter jurisdiction and dismissed the
pendent state law claims without prejudice. Ps then filed an action in Utah's district court
in Washington County. The state court consolidated their action with the D's previously
filed unlawful detainer action and several quiet title actions. Ps allege they are entitled
to their lots under the Utah Occupying Claimants Act, see Utah Code Ann. 57-6-1 to -8,
and, alternatively, that D has been unjustly enriched by their improvements to the land. Ps
got relief only on their unjust enrichment claim. It found as a matter of statutory
interpretation that they were not covered by the Utah Occupying Claimants Act. Ps appealed.
The trial court erred in applying the Act. They also argue that the trial court erred in
finding that D is a charitable, not a private, trust--a finding that precluded claimants
from prevailing on their claims related to the conduct of the trustees. D asserts that the
trial court erred in granting claimants equitable relief, primarily because application of
equitable principles to a religious organization violates the Utah and United States
Constitutions.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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