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DOENGES v. CITY OF SALT LAKE CITY

Nos. 16649, 16663.

614 P.2d 1237 (1980)

Peter DOENGES, Miles Crockard, William Bowen, Richard H. Watson, Carl Peterson, and Emigration Improvement District, Plaintiffs and Respondents, v. CITY OF SALT LAKE CITY, a Municipal Corporation, Emigration Properties Partnership, a Utah limited partnership, Bowers-Sorenson Construction Company, a Utah Corporation, and Fred A. Smolka, Defendants and Appellants.

Supreme Court of Utah.

June 17, 1980.

Attorney(s) appearing for the Case

Roger F. Cutler, Salt Lake City Atty., Walter R. Miller, Deputy City Atty., Douglas J. Parry of Martineau, Rooker, Larsen & Kimball, Salt Lake City, for defendants and appellants.

E. Craig Smay, Park City, for plaintiffs and respondents.

WAHLQUIST, District Judge:

Two cases have been merged. In one, the appellants request that a permanent injunction, restraining the enforcement of an annexation ordinance, be lifted. In the other, the appellants request that the state statutes outlining the petitioning procedure for annexation of an area to a city be held constitutional.

Between September of 1977 and August of 1978, landowner groups in Emigration Canyon filed three separate petitions requesting...

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