SALT LAKE CITY v. STATE

No. 11141.

448 P.2d 350 (1968)

22 Utah 2d 37

SALT LAKE CITY, a municipal corporation, Plaintiff and Respondent, v. STATE of Utah, Defendant and Appellant.

Supreme Court of Utah.

December 3, 1968.


Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., Dallin W. Jensen, Asst. Atty. Gen., Salt Lake City, for appellant.

Homer Holmgren, City Atty., Leon A. Halgren, Asst. City Atty., Salt Lake City, for respondent.


ELLETT, Justice:

In this matter the City obtained a declaratory judgment holding that its grant of the use of water to the Territory and State of Utah was invalid. The grant was made some 80 years ago.

At the time of the grant the City was seeking to have the State Capitol moved from Fillmore to Salt Lake City; and in order to induce the Legislature to make that change, the city fathers entered into an agreement with leaders of the territorial government which...

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