(dissenting):
It runs contrary to my sense of justice to deprive the plaintiff of her entitlement to access to the courts1 and the protections of the laws of this state in which she was born, in which she has spent her life except when necessity of making a livelihood required her to be elsewhere, and which she does now and always has regarded as her home.
This for two basic reasons: first, in my judgment there is no reasonable basis in the evidence to justify a conclusion contrary to the plaintiff’s asserted intent and her evidence in support thereof that she regards Ogden, Utah, as her home and residence. Second, and of greater and controlling importance, even if she were not, she is indisputably
. one who has been a citizen of this state and who has held the cause of action from the time it accrued
as provided in Sec. 78-12-45 quoted in the main opinion.
The foundational proposition which should be kept in mind is that this case is brought in our Utah court and should be governed by Utah laws unless there is a clear and compelling reason why it must be controlled by other law. From the just quoted language it could not be more plainly stated that the legislature did not intend to limit access to our courts solely to persons who are presently residents of Utah,2 but extended the benefit of that statute to persons who are or who have been residents.3 Neither can it be questioned that it is within the prerogative of our legislature to so provide with respect to limitations of actions brought in our courts. Further, even if the just-quoted statutory provision should be regarded as in any way ambiguous, which I cannot see that it is, any doubt should be resolved in favor of according to the plaintiff (and anyone in similar circumstances) the constitutional rights first referred to above. Wherefore, I can see no fair or logical escape from the conclusion that the quoted statute affords the plaintiff the protection of our laws and prevents the application of the Idaho statute of limitation in our courts.
The foregoing should effectively settle this controversy. But also to be considered is the other proposition: that the evidence does not justify the trial court’s conclusion that the plaintiff is not a citizen of Utah. In relation thereto certain observations are to be made. In fairness to the position of *617the defendant, as adopted in the main opinion, I have no hesitancy in agreeing that even though a person’s intent is a very important factor in making such a determination, he cannot establish domicile or shift it about solely by declarations of intent to suit expedience or for ulterior purposes. On the other hand, in judging the question of a person’s domicile, the court should indulge a great deal of deference to a person’s prerogative of choosing his own domicile; 4 and give it due consideration, together with all other facts and circumstances bearing thereon.5 In that regard, it is also pertinent to observe that where a person so expresses his intent and claims a domicile at a specific place, and there is any reasonable foundation upon which to predicate his claim of residence, his intent and desire in that regard should be respected; and the burden of proof to the contrary is upon the one attacking that assertion.6
The main opinion fairly and correctly states that the evidence is “not materially in conflict.” That being the case, there should be no question about the facts as stated by the plaintiff. The most important single fact bearing on the issue in dispute is that the plaintiff says that she now does and has always regarded Ogden as her home; and that she intends to return to the family home which they own there when the business purpose for which she went to Montana is accomplished. She is a native of Utah. After their marriage, she and her husband purchased their family home in Ogden in 1954, where they lived and reared their family until August of 1972, when, in pursuit of earning their livelihood, they engaged in a business enterprise which required them to go to Montana. They acquired an interest in a motel in Dillon (approximately one-third interest) and in connection therewith entered into an agreement to manage it. Since that time their commitment to that business has required them to be present there and occupy one of its units.
It should be borne in mind that the critical time to determine the plaintiff’s residence as it affects this action is as of the commencement thereof, in June of 1976. In further support of the plaintiff’s contention that her true domicile is in Utah are these facts: that she and her husband still own their family home in Ogden, which is lived in, in effect as surrogate for them, by their own family (her daughter and her family); where plaintiff frequently returns and stays as she desires; and that she has her medical and dental services performed there, She has always retained and kept active her Utah driver’s license and has never obtained one from Montana. Also important to consider in connection with the foregoing is the plaintiff’s entirely reasonable insistence that the things she has done in Montana, such as filing tax returns, paying taxes and license fees, and affiliating with the branch of her church there, are only such things as are essential and expedient to her being there to perform her business duties, and are not inconsistent with her commitment that her real and permanent home is in Ogden, where she will return when her temporary sojourn in the Montana motel, necessitated by the business venture, is completed.
In accordance with what has been said above, it is my judgment that there is no basis in the evidence upon which the trial court could fairly and reasonably conclude that the defendant had met its burden of proving that, at the time of the commencement of this action, the plaintiff was not a resident of the state of Utah. But as stated above, the even more important and persuasive proposition is that there is not the slightest scintilla of foundation in evi*618dence or in reason to support any other idea than that she is “one who has been a citizen of this state,”7 as provided in See. 78-12-45, and therefore entitled to access to the courts and the protections of the laws of this state. I would therefore reverse the trial court’s ruling to the contrary and remand the case for further proceedings. (All emphasis herein added.)
ELLETT, C. J., concurs in the views expressed in the dissenting opinion of CROCKETT, J.. Utah Const., Art. I, Sec. 11.
. Other states have enacted statutes and provide therein an exception which favors those plaintiffs who are residents of the state in which the action is brought. 53 C.J.S. Limitation of Actions § 31.
.In regard to the problem of concern herein, the term “citizen” should be treated as synonymous with “domiciliary” and “resident.” See 25 Am.Jur.2d, Domicil, Sections 4 and 9; Jones v. Burkett, Okl., 346 P.2d 338 (1959); Schoof’s Estate v. Schoof, 193 Kan. 611, 396 P.2d 329 (1964).
. That intent is the key element to establishing a domicile, see Bialac v. Bialac, 95 Ariz. 86, 386 P.2d 852 (1963); Brandt v. Brandt, 76 Ariz. 154, 261 P.2d 978 (1953).
. See Graham v. Graham, Okl., 330 P.2d 1046 (1958), which discusses the factors to be considered.
.25 Am.Jur.2d, Domicil, Section 87; Houghton v. Piper Aircraft Corp., 112 Ariz. 365, 542 P.2d 24 (1975); Jizmejian v. Jizmejian, 16 Ariz.App. 270, 492 P.2d 1208 (1972).
. This would, of course, include present residents, because they always “have been” residents at the previous instant, or day, etc.