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MERKLEY v. STATE TAX COMMISSION

No. 9393.

11 Utah 2d 336 (1961)

358 P.2d 991

GERALD KAY MERKLEY, A TAXPAYER, FOR HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF AND APPELLANT, v. STATE TAX COMMISSION OF UTAH, SALT LAKE COUNTY, A BODY POLITIC AND CORPORATE, AND SALT LAKE CITY, A MUNICIPAL CORPORATION OF THE STATE OF UTAH, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

January 31, 1961.

Attorney(s) appearing for the Case

Clyde & Mecham, Richard L. Dewsnup, Salt Lake City, for appellant.

Walter L. Budge, Atty. Gen., David E. West, Asst. Atty. Gen., Grover A. Giles, County Atty., Louis M. Haynie, Asst. County Atty., James L. Barker, City Atty., and Norman W. Kettner, Asst. City Atty., Salt Lake City, for respondents.

HENRIOD, Justice.

Appeal from a judgment declaring constitutional Chap. 114, Laws of Utah 1959.1 Affirmed.

The act was attacked in the lower court as being violative 1) of Art. VI, Sec. 29,2 and 2) Art. XIII, Sec. 53 of the Utah Constitution; 3) that it improperly delegated legislative authority to a) counties over city affairs and to b) the tax commission; 4) that it unlawfully...

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