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KENNECOTT COPPER CORP. v. CITY OF BINGHAM CANYON

No. 10456.

18 Utah 2d 60 (1966)

415 P.2d 209

KENNECOTT COPPER CORPORATION ET AL., PLAINTIFFS AND RESPONDENTS, v. CITY OF BINGHAM CANYON, UTAH, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

June 8, 1966.

Attorney(s) appearing for the Case

A.M. Ferro, Ned Warnock, Critchlow, Watson & Warnock, Salt Lake City, for appellant.

Elliott W. Evans, Parsons, Behle, Evans & Latimer, S.N. Cornwall, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for respondent.

McDONOUGH, Justice.

The plaintiff, Kennecott Copper Corporation, seeks to have a large portion of the City of Bingham Canyon disconnected from the city limits pursuant to Secs. 10-4-1 and 10-4-2, U.C.A. 1953. Pursuant to a plenary hearing on the matter the District Court granted the petition and the City appealed.

Sec. 10-4-1 of U.C.A. (1953) provides:

"Disconnection by petition to district court. — Whenever a majority of the real property...

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