Utah Supreme Court to hear appeal in case of former Eagle Mountain mayor

SALT LAKE CITY — The Utah Supreme Court will help decide whether a former Eagle Mountain mayor should be entitled to recoup nearly $120,000 in legal fees he incurred while defending himself against charges of misusing public money.

Brian Brent Olsen's lawsuit against the city has been on hold since October when Eagle Mountain appealed a 4th District Judge's decision to deny its motion to dismiss the case.

"He's entitled to be reimbursed by virtue of a statute," said Olsen's attorney, M. David Eckersley. "He just wants to get back to the position he was in before he incurred all these fees."

Olsen was charged with seven felony counts of misusing public money in 2006, but was acquitted in 2008 when a jury found that he had been careless and made mistakes dealing with funds but didn't intentionally or recklessly try to take city money.

Olsen sued the city in February 2009 for reimbursement of legal fees. Eagle Mountain officials, however, claimed Olsen missed deadlines and should have requested reimbursement 10 days after being served a summons in 2006.

Fourth District Judge David Mortensen called the pertinent section of the code "clumsily written," but ultimately denied Eagle Mountain's motion to dismiss.

The case has remained in limbo since

The appeal will be one of the first cases the Utah Supreme Court hears when it reconvenes next month from its summer break.

– Aaron Falk