STATEMENT OF FACTS
1.It is estimated that approximately 30,000 polygamists live in the State of Utah.Pltfs.’ Cmplt. ¶ 54. (Doc. 1.) How many polygamists actually live in Utah County is not known, but it is known that a polygamist community of Apostolic United Brethren (“AUB”) – the churchto which the Browns claim membership – live in the southern part of Utah County and thenorthern part of Juab County. First Buhman Decl., ¶¶ 8-9, Aug. 24, 2011. (Doc. 8-1.)2.When the last criminal prosecution for polygamy was brought in Utah County isnot known, but active prosecution of polygamists for just the practice of polygamy has notoccurred in Utah since the 1940s and ‘50s. Whether there has been a prosecution for polygamy
in Utah County in the recent past is not known by Defendant Buhman. First Buhman Decl., ¶ 7.(Doc. 8-1.) But none of the cases cited by Plaintiffs in their Memorandum in Opposition toDefendants’ Motion to Dismiss (Doc. 12) for the prosecution of polygamists in Utah in the last50 years originated in Utah County.
3.In October, 2010 the Utah County Attorney’s Office received a report from theLehi City Police Department regarding the airing of the TLC television series “
State v. Barlow
107 Utah 292, 153 P.2d 649 (1944);
State v. Musser, et al.
, 110 Utah 534, 175
P.2d 724 (1946),
333 U.S. 95, 68 S.Ct. 397 (1948);
State v. Musser
, 118 Utah 537, 223 P.2d 193(1950);
State v. Barlow
, 8 Utah 2d 396, 335 P.2d 629 (1959).
All of these cases originated in Salt Lake County.
In re Steed,
2006 UT 10, 131 P.3d 231 (Washington County); Mark Easterday (Sevier County); Steve
Bronson (Millard County).Memorandum in Support of His Motion to Dismiss Plaintiffs’ Complaint for MootnessKody Brown v. BuhmanU.S. District Court Case 2:11CV00652Page 2
Case 2:11-cv-00652-CW-BCW Document 47 Filed 05/31/12 Page 2 of 13