Utah Supreme Court hears challenge over whether public duty doctrine shields Salt Lake City from nuisance suits over encampments

The Utah Supreme Court heard argument in Berani v. Salt Lake City over whether the public duty doctrine bars private nuisance claims against a municipality for encampments and related conditions that occur on city-owned land. Plaintiffs’ counsel argued the city should be treated "the exact same way" a private landowner would be treated when third parties create nuisances on its property, while Salt Lake City’s counsel warned that allowing such suits would expose governments to unmanageable litigation.

Plaintiffs’ lawyer Ilan Wurman told the court the case centers on a simple factual claim: "the nuisance here emanates from, originates, and exists on city land," and the conditions — tents that obstruct rights-of-way and public urination and defecation — qualify as public nuisances that spill over to adjoining properties and businesses. He relied on private‑landowner nuisance principles in the Restatement and cases such as Wade v. Fuller and Utah decisions the briefs cite, and…