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MARTINDALE v. ANDERSON

No. 15498.

581 P.2d 1022 (1978)

Loye E. MARTINDALE, Darwin W. Larson, Carol W. Clay, Logan City, a municipal corporation and the Municipal Council of Logan City, Plaintiffs and Respondents, v. Mayor Desmond L. ANDERSON, City Attorney J. Blaine Zollinger, City Auditor and Budget Officer Duane A. Beck, Defendants and Appellants.

Supreme Court of Utah.

July 13, 1978.

Attorney(s) appearing for the Case

J. Blaine Zollinger, Logan City Atty., Logan, Calvin L. Rampton and Suzanne Dallimore of Jones, Waldo, Holbrook & McDonough, Salt Lake City, for defendants and appellants.

N. George Daines, III of Daines & Daines, Logan, for plaintiffs and respondents.

HALL, Justice:

Defendant, Desmond L. Anderson, Mayor of Logan City, appeals from a judgment of the District Court construing the Optional Forms of Government Act1 of 1975 (hereinafter referred to as the "Act"). The trial judge declared that, under the council-mayor form of government provided for by the Act, the Council possessed all of the governing powers of the municipality (both legislative and executive), except for those executive...

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