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SEARS v. OGDEN CITY

No. 14986.

572 P.2d 1359 (1977)

M. L. SEARS, Joseph Behling, Frank A. Salimeno, Robert G. Hartmann, and James L. Lavender, on behalf of themselves and all other taxpayers similarly situated, Plaintiffs and Appellants, v. OGDEN CITY, a body politic, Mayor A. Stephen Dirks, Council of Ogden City, and Donna Adams, Ogden City Recorder, Defendants and Respondents. M. L. SEARS et al., Plaintiffs, v. The BOARD OF EDUCATION OF OGDEN CITY, Defendant.

Supreme Court of Utah.

December 8, 1977.

Attorney(s) appearing for the Case

Pete N. Vlahos, Ogden, for plaintiffs and appellants.

Timothy W. Blackburn, Richard W. Campbell, Ogden, for defendants and respondents.

MAUGHAN, Justice:

Plaintiffs appeal from a judgment in favor of defendants concerning the vacation of a street in Ogden, Utah. Plaintiffs are taxpayers, and two are owners of real property in the Argonne Park subdivision. We affirm. Costs to respondents. All statutory references are to U.C.A. 1953.

The inception of this conflict was a petition in which the defendant, Board of Education of Ogden, as the sole abutting...

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