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WRIGHT DEVELOPMENT v. CITY OF WELLSVILLE

No. 16531.

608 P.2d 232 (1980)

WRIGHT DEVELOPMENT, INC., a corporation, Plaintiff and Appellant, v. The CITY OF WELLSVILLE, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Utah.

February 27, 1980.

Attorney(s) appearing for the Case

W. Scott Barrett of Barrett & Mathews, Logan, for plaintiff and appellant.

L. Brent Hoggan of Olson, Hoggan & Sorenson, Logan, for defendant and respondent.

CROCKETT, Chief Justice:

Wright Development, Inc. sought the district court to mandamus the City Council of Wellsville to approve a proposed subdivision plat. After the presentation of the plaintiff's evidence, the court granted defendant's motion to dismiss on the ground that such approval or disapproval rested within the discretion of the city council and that mandamus to command it to act in approval was not justified. Plaintiff appeals.

Plaintiff Wright...

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