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BRANCH v. SALT LAKE CO SERV. A. NO. 2 — COTTONWOOD HTS.

No. 11696.

460 P.2d 814 (1969)

23 Utah 2d 181

Robert A. BRANCH, a taxpayer, for himself and for all others similarly situated, Plaintiff and Respondent, v. SALT LAKE COUNTY SERVICE AREA NO. 2 — COTTONWOOD HEIGHTS, a body corporate and politic, Paul Bywater, Donald Sawaya, and Don Antczak, as Trustees of said Service Area, Defendants and Appellants, Salt Lake County Service Area No. 1, and Terracor, Inc., Intervening Defendants and Appellants.

Supreme Court of Utah.

November 3, 1969.

Attorney(s) appearing for the Case

Don A. Stringham, Joel M. Allred, Larry M. Follett, Stephen G. Boyden, Salt Lake City, for appellants.

David E. Yocom, Salt Lake City, for respondent.

ELLETT, Justice:

This appeal involves the constitutionality of Title 17, Chapter 29, U.C.A. 1953, as amended by Chapter 34, Laws of Utah, 1967, and Chapter 44, Laws of Utah, 1969. It is known as the "County Service Area Act" and was originally enacted as Chapter 28, Laws of Utah, 1957.

The original act in its entirety was held to be unconstitutional in the case of Carter v. Beaver County, etc., 16 Utah.2d 280,

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