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MEMORIAL GARDENS OF THE VALLEY v. LOVE

No. 8468.

5 Utah 2d 270 (1956)

300 P.2d 628

MEMORIAL GARDENS OF THE VALLEY, INC., A CORPORATION, PLAINTIFF AND APPELLANT, v. M.H. LOVE, DIRECTOR, SECURITIES COMMISSION OF THE STATE OF UTAH, AND HAL S. BENNETT, DONALD HACKING, STEWART M. HANSON, COMMISSIONERS, DEFENDANTS AND RESPONDENTS, FUNERAL DIRECTORS AND EMBALMERS ASSOCIATION OF UTAH, A CORPORATION, INTERVENER.

Supreme Court of Utah.

July 9, 1956.

Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, David E. Salisbury, Salt Lake City, for appellant.

E.R. Callister, Jr., Atty. Gen., H.R. Waldo, Jr., Keith R. Bean, Asst. Attys. Gen., for respondent.

C.N. Ottosen, Salt Lake City, for intervener.

CROCKETT, Justice.

Memorial Gardens, Inc. owns a 71.5-acre parcel of land in Salt Lake County, Utah which it has dedicated as a cemetery and is engaged in the development, operation and sale of lots therein. M.H. Love, Director of the Securities Commission ruled that it was subject to regulation under the Securities Act.1 Plaintiff brought this action for a declaratory judgment that it was not subject thereto. The District Court refused...

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