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PETERSON v. BOUNTIFUL CITY

No. 12045.

477 P.2d 153 (1970)

25 Utah 2d 126

A. Foss PETERSON et al., Plaintiffs and Respondents, v. BOUNTIFUL CITY, a municipal corporation, and Davis County, a body politic of the State of Utah, Defendants and Appellants.

Supreme Court of Utah.

November 20, 1970.

Attorney(s) appearing for the Case

George K. Fadel, Bountiful, for defendants and appellants.

David E. West of Armstrong, Rawlings, West & Schaerrer, Salt Lake City, for plaintiffs and respondents.

ELLETT, Justice:

This is an action to recover taxes paid under protest and arose out of the following factual situation:

In December, 1966, the defendant City purported to annex 108 acres of adjoining land. The annexation ordinance was protested, and on December 12, 1967, this court held it to be invalid and of no force and effect1 for the reason that the majority of the landowners had not requested it as required by Section 10...

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