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HOME BUILDERS ASS'N OF GR. SALT LAKE v. PROVO CITY

No. 12819.

503 P.2d 451 (1972)

28 Utah 2d 402

HOME BUILDERS ASSOCIATION OF GREATER SALT LAKE, a corporation, et al., Plaintiffs and Appellants, v. PROVO CITY, a municipal corporation of the State of Utah, Defendant and Respondent.

Supreme Court of Utah.

November 17, 1972.

Attorney(s) appearing for the Case

LaVar E. Stark, Ogden, for plaintiffs and appellants.

Glen J. Ellis, Provo, for defendant and respondent.

CALLISTER, Chief Justice:

Plaintiffs initiated this action, claiming the right to recover certain sewer connection fees, on the ground that such sums were exacted under an invalid ordinance of Provo City. Based on the pleadings, depositions, and exhibits, plaintiffs moved for summary judgment, which the trial court denied on the ground that the ordinance was valid and within the power of the city to enact and that it was constitutional. Judgment was entered in favor...

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