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Court of Appeals hears dispute over mayoral hire, council ratification and severance in Muser v. Apple Valley
Summary
At oral argument the Utah Court of Appeals examined whether an employment contract signed by an outgoing mayor—containing a severance clause and a severability provision—became enforceable despite a failed council ratification vote, with parties disputing apparent authority, ratification by conduct, and whether factual issues preclude summary judgment.
The Utah Court of Appeals heard argument in Muser v. Apple Valley over whether an employment agreement the mayor signed created enforceable severance rights even though the town council did not formally ratify the hire.
Appellant counsel Justin Haidderman told the panel the case centers on whether the written contract (with a severability clause) governs despite a statute that requires council advice and consent. "Does the very nature that this is a government contract ... do the statutes override whether private rights override whatever private rights he had under that…
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