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FREEMAN v. CENTERVILLE CITY

No. 15904.

600 P.2d 1003 (1979)

Clyde B. FREEMAN, Plaintiff and Appellant, v. CENTERVILLE CITY, Golden L. Allen, Mayor; and Centerville Planning Commission, E. Lee Hawkes, Chairman; and Robert B. Hansen, Attorney General, State of Utah, Defendants and Respondents.

Supreme Court of Utah.

September 21, 1979.

Attorney(s) appearing for the Case

Clyde B. Freeman, pro se.

Keith Stahle, Centerville City Atty., Bountiful, Robert B. Hansen, Atty. Gen., Jack L. Crellin, Asst. Atty. Gen., Salt Lake City, for defendants and respondents.

STEWART, Justice:

The property of the plaintiff, Clyde B. Freeman, was annexed by an ordinance passed by Centerville City pursuant to the provisions of § 10-2-401 U.C.A. (1977 Supp.)1 Freeman initiated a declaratory judgment action in the Second Judicial District for Davis County to test the constitutionality of the annexation. The trial court granted defendants' motion to dismiss for failure to state a claim and upheld the constitutionality...

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