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SWENSON v. SALT LAKE CITY

No. 10167.

16 Utah 2d 231 (1965)

398 P.2d 879

RICHARD E. SWENSON AND MARILYN C. SWENSON, PLAINTIFFS AND RESPONDENTS, v. SALT LAKE CITY, A MUNICIPAL CORPORATION OF THE STATE OF UTAH, EDWIN WHITNEY, ET AL., AS MEMBERS OF THE BOARD OF ADJUSTMENT ON ZONING OF SALT LAKE CITY, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

February 10, 1965.

Attorney(s) appearing for the Case

Homer Holmgren, City Atty., A.M. Marsden, Asst. City Atty., Salt Lake City, for appellants.

Bayle, Hurd & Lauchnor, Wallace D. Hurd, Wallace R. Lauchnor, Salt Lake City, for respondents.

WADE, Justice.

The Swensons, respondents herein, brought this suit to enjoin the Board of Adjustment on zoning of Salt Lake City from enforcing an order requiring them to remove a carport on their property. This appeal is by Salt Lake City and the members of the Board of Adjustment on zoning for Salt Lake City from a summary judgment based on the pleadings, affidavits and depositions, granting the injunction.

From the record it appears that the Swensons acquired...

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