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LEWIS v. KANAB CITY

No. 13529.

523 P.2d 417 (1974)

Bernell LEWIS et al., Plaintiffs and Appellants, v. KANAB CITY, a body politic and corporate under the laws of the State of Utah, Defendant and Respondent.

Supreme Court of Utah.

June 11, 1974.

Attorney(s) appearing for the Case

Hans Q. Chamberlain, Cedar City, John S. Adams, of Adams & Kasting, Salt Lake City, for plaintiffs and appellants.

Robert L. Gardner, Kanab City Atty., Cedar City, for defendant and respondent.

TUCKETT, Justice:

This action was commenced by the plaintiffs whose properties were assessed by the defendant city pursuant to proceedings to establish a special improvement district. The plaintiffs filed their complaint in the district court seeking to have the proceedings establishing the special improvement district declared invalid. Kanab City moved for an order dismissing the complaint which was granted pursuant to Section 10-16-28, Utah Code Annotated 1953....

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