Mosby Irrigation Co. v. Criddle

In Mosby Irrigation Co. v. Criddle, 11 Utah 2d 41, 354 P.2d 848 (Utah 1960), the Court held that service was proper when the state, in compliance with the relevant statute, provided notice via registered mail. 354 P.2d at 851. The defendants in Mosby argued that the statute required actual receipt of the notice, but we declined to infer such a requirement, stating instead that "the legislature, in providing for notice by registered mail, contemplated or hoped for actual receipt thereof, but it did not require it." Id. While Mosby concluded that the state's literal compliance with the statute satisfied the notification requirement, that opinion did not suggest that the state would somehow run afoul of the statute if it provided actual notice instead of utilizing registered mail.