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BANBERRY DEV. CORP. v. SOUTH JORDAN CITY

No. 16872.

631 P.2d 899 (1981)

BANBERRY DEVELOPMENT CORPORATION, McKean Construction Company, Midwest Realty and Finance, Inc., a Utah corporation, Plaintiffs and Respondents, v. SOUTH JORDAN CITY, a municipal corporation, Defendant and Appellant.

Supreme Court of Utah.

June 3, 1981.

Attorney(s) appearing for the Case

Michael J. Mazuran, Salt Lake City, for defendant and appellant.

John H. McDonald, Craig S. Cook, Salt Lake City, for plaintiffs and respondents.

OAKS, Justice:

This is a suit by three subdividers against a city to challenge the validity of water connection and park improvement fees imposed as a condition to connection to the city water main and as a condition to final approval of the subdividers' plat. At issue in this appeal are the legality of any such fees, and, if they are legal, the criteria for judging their reasonableness.

The procedure for charging the park improvement fee does not appear in...

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