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MURRAY CITY v. BOARD OF EDUCATION OF MURRAY CITY SCHOOL DISTRICT

No. 10060.

16 Utah 2d 115 (1964)

396 P.2d 628

MURRAY CITY, A MUNICIPAL CORPORATION OF THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. BOARD OF EDUCATION OF MURRAY CITY SCHOOL DISTRICT, A MUNICIPAL CORPORATION OF THE STATE OF UTAH, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

November 16, 1964.

Attorney(s) appearing for the Case

Richard C. Howe, Murray, for appellant.

Dansie, Ellett & Hammill, Murray, for respondent.

McDONOUGH, Justice.

The Board of Education of Murray City School District appeals from a judgment permitting the imposition of a "sewer service charge" accumulating monthly and based upon the number of pupils attending school within the district. It contends that the service charge is in reality an exercise of taxing power from which it is immune under the Constitution of Utah1 and pertinent statutes.2 The...

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