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CARTER v. PROVO CITY

No. 8559.

6 Utah 2d 154 (1957)

307 P.2d 906

DELMAR CARTER, PLAINTIFF, v. PROVO CITY, A MUNICIPAL CORPORATION; HAROLD E. VAN WAGENEN, MAYOR; FRANK KILLPACK, GEORGE E. COLLARD, G. MARION HINCKLEY, STELLA H. OAKES, ROY PASSEY, AND PHILLIP PERLMAN, MEMBERS OF THE CITY COUNCIL; E. EARL UDALL, CITY MANAGER AND ACTING DIRECTOR OF FINANCE OF PROVO CITY; AND I.G. BENCH, CITY RECORDER OF PROVO CITY, DEFENDANTS.

Supreme Court of Utah.

February 27, 1957.

Attorney(s) appearing for the Case

Dallas H. Young, Jr., Provo, for plaintiff.

George S. Ballif, Provo, Paul Thatcher, Ogden, for defendant.

HENRIOD, Justice.

Petition for an extraordinary writ to prohibit defendants from constructing a sewer in a special improvement district. The writ will issue until defendants comply with Article VI, Sec. 16 of the Provo City charter which reads:

"No contract shall be executed for the acquisition of any property or the construction of any improvement or betterment to be financed by the issuance of bonds until the ordinance authorizing the issuance of such bonds...

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