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WEBER BASIN HOME BUILDERS ASS'N v. ROY CITY

No. 12325.

487 P.2d 866 (1971)

26 Utah 2d 215

WEBER BASIN HOME BUILDERS ASSOCIATION, a corporation, for its builder members and others similarly situated, Plaintiff and Respondent, v. ROY CITY, a municipal corporation, Defendant and Appellant.

Supreme Court of Utah.

July 26, 1971.

Attorney(s) appearing for the Case

Richard H. Thornley, of Froerer, Horowitz, Parker, Richards, Thornley & Critchlow, Ogden, for defendant and appellant.

LaVar E. Stark, of Alsup & Stark, Ogden, for plaintiff and respondent.

CROCKETT, Justice.

Weber Basin Home Builders, land developers, sought a declaratory judgment1 that an ordinance adopted by Roy City in 1968 increasing its building permit fee by $100 was ultra vires, discriminatory and unconstitutional. There was no dispute as to the facts. Upon the submission of motions for summary judgment by both parties, the court sustained the plaintiff's contentions. Defendant appeals.

Land developers (such...

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