GARDNER v. DAVIS COUNTY

No. 13524.

523 P.2d 865 (1974)

K.W. GARDNER, for himself and others similarly situated, Plaintiff and Appellant, v. DAVIS COUNTY, etc., Defendant and Respondent, Davis County Medical Association, Amicus Curiae.

Supreme Court of Utah.

June 18, 1974.


Attorney(s) appearing for the Case

David B. Havas, and Pete N. Vlahos, Vlahos & Gale, Ogden, for plaintiff and appellant.

Bennett P. Peterson, Davis County Atty., Farmington, W. Robert Wright, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for Davis County Medical Association.


CROCKETT, Justice:

Plaintiff K.W. Gardner, as a taxpayer, for himself and others similarly situated, sued to enjoin the Davis County Commission from declaring surplus and selling two parcels of real property which had been purchased as sites for public hospitals. From a refusal to grant the injunction, plaintiff appeals.

Pursuant to regular procedure and a resolution adopted by the County Commission, at a bond election held on June 4, 1968, the voters of Davis...

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