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NEMELKA v. SALT LAKE COUNTY

No. 12967.

499 P.2d 862 (1972)

28 Utah 2d 183

Carl J. NEMELKA, as County Attorney of Salt Lake County, Plaintiff and Appellant, v. SALT LAKE COUNTY, a political subdivision of the State of Utah, et al., Defendants and Respondents.

Supreme Court of Utah.

July 11, 1972.

Attorney(s) appearing for the Case

Carl J. Nemelka, Salt Lake County Atty., Salt Lake City, for plaintiff and appellant.

Keith E. Taylor and James B. Lee of Parsons, Behle & Latimer, Salt Lake City, for defendants-respondents.

HENRIOD, Justice:

Suit filed under the Declaratory Judgment Act1 by the Salt Lake County Attorney, to test the constitutionality of Title 11-17, Utah Code Annotated (1953), as amended,2 as the latter might apply to the facts of the instant case, where the trial court declared its application was apropos constitutionally. Affirmed, with no costs awarded.

Kennecott petitioned the County Commission, pursuant...

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