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BOWMAN v. SALT LAKE CITY CORPORATION

No. 10535.

18 Utah 2d 182 (1966)

417 P.2d 758

JACK H. BOWMAN AND EMMETT RIGNEY, DBA HUSTLER'S MARKET, PLAINTIFFS AND RESPONDENTS, v. SALT LAKE CITY CORPORATION, A MUNICIPAL CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

August 22, 1966.

Attorney(s) appearing for the Case

Homer Holmgren, City Atty., Romney & Nelson, Salt Lake City, for appellant.

No appearance for respondents.

Phil L. Hansen, Atty. Gen., Salt Lake City, filed brief amicus curiae.

HENRIOD, Chief Justice.

Appeal from a judgment declaring Sec. 20, Chap. 5, Salt Lake City Ordinance, March 5, 1964, relating to license fees incident to "closing out sales," in a possibly-deceptive manner, as unconstitutional.

Plaintiffs brought this suit under the declaratory judgment act,1 obtaining a temporary injunction from enforcement of the ordinance, on grounds that it was offensive to Art. I, Sec. 1, Utah Constitution...

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