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ALLEN v. TOOELE COUNTY

No. 11297.

445 P.2d 994 (1968)

21 Utah 2d 383

Clyde J. ALLEN, for himself and all other residents and taxpayers of Tooele County, Utah, similarly situated, Plaintiff and Appellant, v. TOOELE COUNTY, a political subdivision of the State of Utah, etc., et al.; Energy Leasing Services, Inc., a Delaware corporation; and the Magnesium Project, a joint venture, Defendants and Respondents.

Supreme Court of Utah.

October 14, 1968.

Attorney(s) appearing for the Case

Bryce E. Roe, Ralph L. Jerman, Salt Lake City, for plaintiff and appellant.

H.R. Waldo, Jr., J. Wendell Bayles, of Jones, Waldo, Holbrook P. McDonough, Salt Lake City, Gordon Hall, Tooele County Atty., Tooele, for defendants and respondents.

CROCKETT, Chief Justice:

Clyde J. Allen sues as taxpayer of Tooele County (and for others similarly situated) challenging the constitutionality of the Utah Industrial Facilities Development Act, Chapter 29, S.L.U. 1967.1 The district court rejected his contention and held the Act valid. He appeals.

The stated purpose of the Act referred to is to encourage and promote the greater industrial development in the state of Utah.

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