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HOWARD v. TOWN OF NORTH SALT LAKE

No. 8697.

7 Utah 2d 278 (1958)

323 P.2d 261

DAVID E. HOWARD; BOUNTIFUL LIVESTOCK COMPANY, A CORPORATION; ALBERT L. BOSLEY; EMMA JANE BOSLEY; LAGOON COMPANY, FORMERLY SIMON BAMBERGER COMPANY, A CORPORATION; COLUMBIA POWDER COMPANY, A CORPORATION; THE CUDAHY PACKING COMPANY, A CORPORATION; GEORGE HILL; LEONE K. HILL; CLYDE HILL; LILLIAN E. HILL; ILLINOIS POWDER MANUFACTURING COMPANY, A CORPORATION; WILLIAM V. MORGAN; PORTLAND CEMENT COMPANY OF UTAH, A CORPORATION; SALT LAKE CITY, A MUNICIPAL CORPORATION; SALT LAKE PIPE LINE COMPANY, A CORPORATION; SALT LAKE REFINING COMPANY, A CORPORATION; STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION; ALVA HARRISON TIPPETTS; WONEIGHTA TIPPETTS; UTAH OIL REFINING COMPANY, A CORPORATION; UTAH POWER & LIGHT COMPANY, A CORPORATION; CARL S. URE, AND WESTERN STATES REFINING COMPANY, A CORPORATION, PLAINTIFFS AND RESPONDENTS, v. TOWN OF NORTH SALT LAKE, A MUNICIPAL CORPORATION OF THE STATE OF UTAH, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

March 28, 1958.

Attorney(s) appearing for the Case

Hansen, Baldwin & Allen, Robert W. Brandt, Salt Lake City, Walter L. Budge, Asst. Atty. Gen., for appellant.

S.N. Cornwall, Wesley G. Howell, Homer Holmgren, Asst. City Atty., Salt Lake City, for respondents.

WORTHEN, Justice.

Defendant appeals from a judgment of the trial court in disconnecting lands belonging to the plaintiffs from the corporate limits of defendant town. The disconnection was made under the provisions of Chapter 4, Title 10, U.C.A. 1953. Section 10-4-1, U.C.A. 1953 provides:

"Whenever a majority of the real property owners in territory within and lying upon the borders of any incorporated city or town shall file with the clerk of the district...

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