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FITZGERALD v. SALT LAKE COUNTY

No. 11157.

449 P.2d 653 (1969)

22 Utah 2d 128

John W. FITZGERALD, Bion Tolman, Bruce B. Anderson, Emerson Kennington and K. Jay Holdsworth, Plaintiffs and Appellants, v. SALT LAKE COUNTY et al., Defendants and Respondents.

Supreme Court of Utah.

January 13, 1969.

Attorney(s) appearing for the Case

J. Randolph Ayre and K. Jay Holdsworth, of Fabian & Clendenin, Salt Lake City, for appellants.

Donald Sawaya, Deputy Salt Lake County Atty., Salt Lake City, Everett E. Dahl, Midvale, for respondents.

WAHLQUIST, District Judge.

This dispute has a rather lengthy history. It involves the construction of a gas station southeast of Salt Lake City. This court first became concerned with the dispute and considered it in Tolman v. Salt Lake County.1 There the landowners adjoining the property in question succeeded in defeating a Salt Lake County ordinance rezoning the area. The basis was that no legal notice was given of the pending hearing...

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