MOUNTAIN STATES, ETC. v. SALT LAKE CITY

No. 16000.

596 P.2d 649 (1979)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a corporation, Plaintiff and Appellant, v. SALT LAKE CITY, a Body Corporate and Politic under the Laws, Defendant and Respondent.

Supreme Court of Utah.

May 31, 1979.


Attorney(s) appearing for the Case

David E. Salisbury, Gerald R. Miller and Chris Wangsgard of VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, for plaintiff and appellant.

Roger F. Cutler, Salt Lake City Atty., Salt Lake City, for defendant and respondent.


HALL, Justice:

Appeal from a Summary Judgment entered against plaintiff, the trial court having ruled that there exists no material issue of fact as to the constitutionality of Salt Lake City's franchise fee and utility revenue tax.

Plaintiff is a public utility which furnishes telephone service to customers generally throughout the State. For the privilege of using Salt Lake City roads and other public ways for its business purposes, plaintiff agreed to pay...

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