Professional Biography
Mr. Preston has been with Smith|Hartvigsen, PLLC since
January 2004. He has developed litigation experience in
real estate law, water law, and state and local government
law, particularly in the area of eminent domain, and has
argued before the Utah Court of Appeals. Mr. Preston also
has experience with trusts and estates and probate
matters. After graduating from law school, Mr. Preston
clerked for Judge Ray M. Harding Jr., in the Utah 4th
Judicial District (2001-2002). Mr. Preston then clerked for
Justice Matthew B. Durrant of the Utah Supreme Court
(2002-2003).
Practice Areas
Eminent Domain Law
Municipal Law
Property Law (Easements, Land Use, and Zoning)
Probate and Estate Planning
Appellate Practice
General Civil Litigation
Professional Memberships
Admitted
2001 Utah State Bar
2004 Utah Federal District Court
2005 U.S. Court of Appeals, Tenth Circuit
Reported Cases
In re Matter of the General Determination of
Rights to the Use of Water: Green River Canal Company v.
Olds, 2004 UT 106, 110 P.3d 666 (Utah 2004)
Oak Lane Homeowners Ass’n v. Griffin, 2006 UT App
465, 153 P.3d 740 (Utah Ct. App. 2006)
Swan Creek Village Homeowners Ass'n v. Warne, 2006
UT 22, 134 P.3d 1122 (Utah 2006)
Newton v. Federal Aviation Administration, 457 F.3d
1133 (10th Cir. 2006)
Education
Juris Doctorate,
Cum laude, J. Reuben Clark Law School,
Brigham Young
University, 2001. Note and Comment Editor, Brigham Young University
Law Review from 2000-2001 and member of the Brigham Young
University International Moot Court Team from 1999-2001.
Bachelors of Arts, Political Science, Brigham Young University,
1998.
Publications
Author, "Islam in Russia Under the 1997 Law on
Religious Freedom: Official Tolerance in an Intolerant
Society,” 2001 BYU L. Rev. 773
Co-Author with Ronald Z. Ahrens, “United Nations Convention
Documents in Light of Feminist Theory," 8 Mich. J. Gender &
L. 1 (2001).
Author, "In re Impounded: When Will the Right Against
Self-Incrimination Protect Witnesses From Foreign
Prosecution?" 2000 BYU L. Rev. 1703.
Languages
Russian
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