Historical Timeline

Fabian & Clendenin Today — and Looking Forward

From 1919 when Fabian & Clendenin was started, to 1926 when Harold Fabian helped the Rockefeller Family acquire the land to create Teton National Park, to the present, Fabian & Clendenin has had local, national and international impact.  Our attorneys enjoy expertise in a wide range of practice areas as this sampling of timeline entries demonstrates.  Each of us, individually, recognizes the legacy of quality and integrity established by our founders.  As a firm and as individuals, we are committed to always doing our best as we honor the tradition of the Fabian & Clendenin name.  The practice of law obligates us to public service at every opportunity.  But foremost, our focus is on our clients — to whom we offer our dedication and gratitude.

2007-2009 — The Crandall Canyon Mine Disaster

The tragic events that occurred at the Crandall Canyon Mine near Huntington, Utah in August 2007 captivated the nation. The events continue to garner extensive news coverage as the press, politicians, governmental agencies and organized labor appear determined to make Murray Energy and its subsidiaries, one of which co-owns the mine, the scapegoats. In need of help, they retained Fabian, led by Kevin Anderson and Jason Hardin, to defend against the three civil lawsuits that have been filed in the wake of the accidents and to assist with several related governmental investigations by the Mine Safety and Health Administration, multiple Congressional committees, the Department of Labor and the Utah Mine Safety Commission.

2005-2007 — Protecting the "Fighting Sioux"

In the Fall of 2005, the National Collegiate Athletic Association (NCAA) announced a harsh new policy prohibiting schools that used any Native American imagery whatsoever from participating in NCAA post-season play. Fabian was first engaged by the University of North Dakota “Fighting Sioux” to assist the University in the internal NCAA appeals process. When the North Dakota Attorney General and State Board of Education decided to seek judicial intervention, Fabian was engaged as primary outside counsel. The Fabian team, led by Peter Billings and including David Lyon, Kevin Anderson, Sara Bouley, Chris Austin, James Waddoups and Tim Clark, prepared a motion for preliminary injunction, arguing that the NCAA’s policy was a violation of anti-trust laws and that the procedure employed in promulgating the policy breached the contractual relationship between the University and the NCAA. The court awarded a preliminary injunction just in time to allow the UND football team to play in the Division II playoffs. After extensive discovery on both sides, Fabian’s efforts helped forge a reasonable settlement agreement that allowed the University to use its historic nickname while having a dialogue with local tribes.

2006 — The Restoration of an Historic Icon

At the time it was constructed in 1911, the Walker Center office building in downtown Salt Lake City was the tallest building between the Mississippi River and the Pacific Ocean. Old-time Salt Lake City residents fondly recall its weather forecasting sign as a beacon, visible throughout the valley. Diane Banks and Jay Bell assisted in the purchase of the building by its present owner, Walker Center Holdings, LLC, in 2006. The new owner has not only replaced the weather forecasting sign, but has also restored the façade, entry lobby and other elements of the building to their original glory, as well as renovated the interior office spaces to Class A standards. Residents often report their delight in seeing the weather forecasting sign returned to grace the rooftop of the building.

2006 — The FBI Attempts a Whitewash

In the Summer of 2006, the FBI sought to reclaim classified documents allegedly in the personal files of the late "muckraker" columnist Jack Anderson, the father of Fabian shareholder Kevin Anderson. Through discussions with the family and others, the FBI confirmed that the files contained documents classified "Top Secret" by the government. The FBI asserted that no private person should possess, or be able to review, classified documents that had been "illegally" provided to them by unidentified sources and that such classified documents remain the property of the United States government. The FBI wanted to redact the "classified" information and substitute the redacted copies for the original documents. In other words, the FBI wanted to whitewash Jack Anderson's historical files following his death. Kevin successfully orchestrated a media blitz against the FBI and participated in a hearing before the Judiciary Committee of the United States Senate, after which the FBI dropped the matter.

2005 — There’s Skiing in Them Thar Hills

Continuing Fabian’s efforts to create outdoor recreational opportunities in the West, Rosemary Beless successfully completed an extremely complex assembled land exchange with the United States Bureau of Land Management in which over 132 scattered parcels of BLM land in Park City, Utah, were traded to a resort developer for ski runs and lodging in exchange for blocked lands more suitable for BLM’s stewardship.

2003 — Sweet as Wyoming Sugar

In 2003, the Fabian team of David Lyon, Rosemary Beless, Diane Banks and Victor Pollak organized the Wyoming Sugar Company on behalf of 300 farmers in northern Wyoming and completed a leveraged buyout of a sugar beet processing facility from one of the country’s largest sugar producers. The transaction significantly bolstered the economy of northern Wyoming. Sweet!

2002 — Reconstruction of I-15 for the Olympic Winter Games

During the reconstruction of Highway I-15 for the 2002 Olympic Winter Games in Salt Lake City, Rosemary Beless obtained the environmental permits and addressed matters of water quality, air quality and hazardous materials for highway reconstruction. When reconstruction was completed, the team of Peter Billings, Rosemary Beless and Joan Andrews successfully defended the reconstruction project against claims under the False Claims Act, resulting in the dismissal of this high-profile case before the United States District Court for the State of Utah.

2000-2005 — Cleaning Up the Class Actions

From 2000 through 2005, Peter Billings and several other Fabian attorneys represented Alsco, one of the world's largest textile rental company, in several jurisdictions throughout the country in defense of national and state class action lawsuits involving antitrust and consumer fraud claims stemming from the use of "environment charges" and "wastewater charges." Peter and Jason Hardin helped successfully oppose a motion for class certification in the largest such case — involving claims for potentially hundreds of millions of dollars — in federal court in one of the most plaintiff-friendly jurisdictions in the country (reported at 223 F.R.D. 506 (2004)). All of the cases ultimately settled very favorably for Fabian’s client.

1994 — The Big Boiler Case

In 1994, Bruce Badger and a team of Fabian lawyers went to trial in federal court in Salt Lake City against one of the world's premier power plant boiler manufacturers. Fabian's client, an electric utility, had purchased a twenty-four story tall boiler for one of its power plants. The boiler had self-destructed in only 36 months, leaving the utility company with millions of dollars in repairs. The jury trial lasted throughout the winter and involved an international cast of characters, including metallurgists, engineers and the leading electric utility water chemistry experts in North America. Using a state-of-the-art multi-media presentation, the Fabian team taught the jury complicated scientific principles with the testimony of expert witnesses, some with heavy Bulgarian and Czechoslovakian accents. By the time the trial was over, the 12 men and women on the jury had gained an education truly worthy of a university degree. Following three days of jury deliberation — "Victory" — and a multi-million dollar verdict for Fabian's client.

1992 — Our Famous Fish Case

Fabian’s significant cases often involved companies and people that read like a Who’s Who for industry, commerce and government. But one of our more memorable cases was none of those — it was about fish.

Valley Trout Company, a trout grower in Idaho, hired Fabian for an antitrust and contract grievance against a large national firm that had acquired a competitor and was engaging in unfair business practices. In the end, we won the case for our client with a multi-million dollar settlement.

This case is still famous in the commercial trout industry, but even more so in the photocopying industry. The large volume of photocopying necessary in the case was nicknamed "Fish Work" by one of the copy companies. The phrase stuck and spread to other shops. Today, throughout the photocopying industry, tough photocopy jobs are still often called "Fish Work."

1990 — The Snake Pit

Cullen Battle and Kathleen Switzer managed the case of Henry v. DeLand, a case brought in cooperation with the ACLU to force the Utah Department of Corrections to provide adequate health care to inmates at the Utah State Prison in Draper. The high-profile case resulted in the cleaning-up of facilities that the Director of the Utah Department of Health had previously described as a "snake pit."

1987 — Fabian Helps Power the West

For years, Fabian’s attorneys, led by George Melling, assisted the Intermountain Power Agency in the creation of the Intermountain Generating Station near Delta, Utah. The two large electric generating units of the IGS came online in 1986 and 1987, providing a new, substantial source of power throughout the Intermountain West and in California.

Fabian, through Melling, Kevin Anderson, John Robson, Jason Hardin and others, continued to provide a variety of services to IPA and the Intermountain Power Service Corporation, which operate the IGS, for the next two decades. The IGS continues to play a critical role in powering the West.

1985 — Bank Failures and the S&L Crisis

For decades, Fabian represented numerous banking interests throughout Utah, and Peter Billings, Sr., played a significant role in drafting a major revision of the Utah statutes governing financial institutions.

But in the early 1980’s, Fabian made front page news when he was hired by the Utah Commissioner of Financial Institutions in a different context. When the Commissioner seized Murray First Thrift, a very large industrial loan corporation, Fabian assisted the Commissioner in selling Murray to a solvent bank resulting in most depositors avoiding serious losses.

Later, in 1985, the FDIC hired Fabian to handle the takeover and ultimate closure of more than a dozen banks, including the landmark decision involving Tracy-Collins Bank in 1992.

1984 — Nicer, Bigger, Newer, Better

The sale of the Continental Bank building was the perfect time for Fabian to find a bigger, better home. A beautiful new building — Parkside Towers — at 215 South State Street in Salt Lake City was the ideal solution: a downtown location offering plenty of space and providing a professional working environment for our growing firm. We currently occupy the top 3 floors of Parkside Towers.

1979-1980 — Who Cares What You Read?

Long before First and Fifth Amendment Rights were as popular and well defended as they are today, Al Colton — a Fabian mainstay for decades and an ordained Episcopalian priest — took on the high-profile defense of Mrs. Layton, the Davis County Director of Libraries, who was dismissed for refusing to remove a book from the shelves that one County Commissioner did not like. Colton not only prevailed in obtaining her reinstatement and back wages, but the County admitted the error and paid all of his attorney’s fees.

1960's — Predatory Pricing of Rocket Fuel

Led by Peter Billings, Sr., Fabian defended Kerr-McGee in a ground-breaking antitrust case involving solid rocket fuel. Because of overcapacity in the market, a competitor sued Kerr-McGee for predatory pricing for allegedly selling below fully allocated cost. On appeal, Fabian convinced the Tenth Circuit Court of Appeals that as long as a manufacturer sold above marginal cost, it could not be guilty of predatory pricing.

1940's & 1950's — Fabian's Conservation Legacy

Because of Harold Fabian's successful work with the Rockefellers on Teton National Park, he was sought after for various local, state, regional and national recreational and conservation projects and boards.

Fabian was appointed the first head of the Utah Parks Commission and helped create and develop many of the state and local parks we enjoy today. For instance, Dead Horse Point became a Utah State Park in 1959. As a member of the Utah Park Commission, Harold was instrumental in the creation of this magnificent park. Dead Horse Point, known as "Utah's Grand Canyon," got its name from legend. The mesas near the point were home to wild mustangs. Cowboys corralled the mustangs and chose the ones they wanted for personal use or to sell. As legend would have it, the unwanted mustangs were left corralled and died of thirst as there was no water on the point.

Also in the 1950's, Harold, although not LDS, was asked by the LDS Church President David O. McKay to advise on a new project to restore portions of the town of Nauvoo, Illinois — a site significant in LDS Church history. Fabian's real estate and park expertise provided invaluable direction.

And in 1957, Fabian was named president of the newly formed Sugar House Park Authority Board and served in that capacity until his death in 1975. It is difficult to believe that beautiful Sugar House Park was once the site of the Utah State Prison. When state officials made plans to relocate the prison to a new site at the Point of the Mountain, a local businessman lobbied to have the old prison site converted to a state park. Salt Lake City and Salt Lake County conveyed the property to the Sugar House Park Authority to operate it as a park for a period of 99 years. Under Fabian's leadership, the board began development of the new park, building many of the structures that still exist today.

1930's — Clendenin's Public Service Legacy

Beverly Clendenin practiced law with a passion and was just as passionate about community service. He was President of the Salt Lake Chamber of Commerce, the University Club and the Salt Lake Country Club. He also served as Chairman of the Utah State Indian Affairs Commission and as a member of the Salt Lake City Board of Education. He served on many other Boards, including the Family Services Society and Rowland Hall School. In 1938, he was a special prosecutor for a Salt Lake County Grand Jury. The extensive list of his activities is remarkable, producing a far-reaching legacy and a lasting, beneficial influence on the city and region.

1929 — Clearing the Way for Continental Bank

When Continental Bank wanted to put up a tall, new building on Salt Lake City's Main Street, a boundary dispute threatened to prevent construction. Harold Fabian was able to find a creative solution to the problem, and the bank building was constructed. The firm obtained the bank as a major client and secured prestigious office space in the new downtown bank building. Our firm remained at the bank location until the building was sold in 1984.

1927 — Charles Lindbergh

As one of the founders of Western Airlines, Harold Fabian chaired a committee to entertain Charles Lindbergh during a 1927 visit to Salt Lake City in celebration of Lindbergh's trans-Atlantic flight.

1926 — Grand Teton National Park

Fabian & Clendenin played a crucial role in the decades-long struggle to create Grand Teton National Park. John D. Rockefeller, Jr., hired Fabian to acquire all of the land that eventually became Grand Teton National Park. To prevent sellers from unreasonably raising prices or stonewalling the efforts, the Rockefeller name was never used. Instead, Fabian formed the Snake River Land Company to be the buyer. In fact, Harold Fabian himself did not initially know that Mr. Rockefeller was providing the financial backing.

There was tremendous resistance among Wyoming locals to creation of the park, and despite President Roosevelt using his authority under the Antiquities Act to designate the Rockefeller land as part of the Jackson Hole National Monument, Congress dragged its feet every step of the way. Creation of the park occupied Harold Fabian for two and a half decades before becoming a reality. In 1950, as a reward for his services, Harold Fabian was given a life estate in a cabin inside the Park. Fabian's family spent many summers there, and they entertained distinguished guests, including former Presidents Coolidge and Hoover and members of the Rockefeller family. The law firm routinely gathered there for firm events and continues to do so periodically to introduce new associates to our proud heritage. In recent years, the firm has helped restore the cabin.

1919 — A Partnership is Born

In 1916, World War I was raging across Europe, and two young attorneys—Harold Fabian and Beverly Clendenin—were serving in the U.S. Army during the war. Harold had been commissioned a Captain and met Beverly, a Major, during a portion of their service at Ft. Lewis, Washington. The two became fast friends. Even after Harold was transferred to the Pentagon, the two stayed in touch throughout the war and ultimately throughout their lives.

Shortly after the Great War ended, Harold persuaded Beverly to relocate from California to Salt Lake City. They opened the law firm of Fabian & Clendenin in 1919. The two quickly gained recognition as successful, capable attorneys and started to grow their client base. They complemented each other well, with Fabian specializing in transactions and Clendenin specializing in litigation.