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PEAY v. BOARD OF EDUCATION OF PROVO CITY SCHOOL DIST.

No. 9722.

14 Utah 2d 63 (1962)

377 P.2d 490

LA MAR PEAY, PLAINTIFF AND APPELLANT, v. BOARD OF EDUCATION OF PROVO CITY SCHOOL DISTRICT ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

December 31, 1962.

Attorney(s) appearing for the Case

Nielsen, Conder & Hansen, Salt Lake City, for appellant.

Morgan & Payne, Young, Young & Sorensen, Provo, for respondents.

CROCKETT, Justice.

Plaintiff as a taxpayer sued to have what is called the "voted leeway" school financing program, enacted by the 1961 Legislature (Chap. 104, S.L.U. 1961), adjudged to be unconstitutional; and to have declared void an election held pursuant to it which approved additional school financing for the Provo City School District. The trial court granted defendants' motion to dismiss and the plaintiff appeals.

The section of that chapter (53-7-24...

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