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TOLMAN v. SALT LAKE COUNTY

No. 10935.

20 Utah 2d 310 (1968)

437 P.2d 442

BION TOLMAN AND LUCILLE TOLMAN, HIS WIFE, KARL J. HAWKINS, JR., AND MIRIAM HAWKINS, HIS WIFE, BRUCE B. ANDERSON AND DOROTHY O. ANDERSON, HIS WIFE, K. JAY HOLDSWORTH AND DONA HOLDSWORTH, HIS WIFE, AND EMERSON KENNINGTON AND AUDRIE M. KENNINGTON, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. SALT LAKE COUNTY, OSCAR HANSON, JR., PHILIP BLOMQUIST AND MARVIN G. JENSEN, INDIVIDUALLY AND AS MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OF SALT LAKE COUNTY, RALPH Y. McCLURE, COUNTY ZONING ADMINISTRATOR, AND LANE RONNOW, DIRECTOR OF BUILDING INSPECTION DEPARTMENT OF SALT LAKE COUNTY, DEFENDANTS AND RESPONDENTS, BILL RODERICK, INC., INTERVENOR-RESPONDENT.

Supreme Court of Utah.

February 6, 1968.

Attorney(s) appearing for the Case

K. Jay Holdsworth, of Fabian & Clendenin, Salt Lake City, for appellants.

T. Quentin Cannon, Salt Lake City, for respondents.

Everett E. Dahl, Leon J. Zanoni, Midvale, for intervenor-respondent.

HENRIOD, Justice.

Appeal from a judgment denying a petition for a temporary injunction in a zoning case, where a variance from the Master Plan had been approved by the Salt Lake County Commission, from residential to commercial use. Reversed.

As a preliminary matter we decide that Tolman's contention that further proceedings automatically should be allowed on dismissal of the petition for temporary injunction need not be determined here. We do this for two...

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