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WILSON v. MANNING

No. 18541.

657 P.2d 251 (1982)

Q. Ford WILSON and Marilee W. Wilson, et al., Plaintiffs and Appellants, v. Alan B. MANNING, City Recorder, City of Fruit Heights, Defendant and Respondent.

Supreme Court of Utah.

October 27, 1982.

Attorney(s) appearing for the Case

Curtis J. Drake, Salt Lake City, for plaintiffs and appellants.

D. Kent Norton, Salt Lake City, for defendant and respondent.

OAKS, Justice:

In Bird v. Sorenson, 16 Utah.2d 1, 394 P.2d 808 (1964), this Court held unanimously that a city ordinance rezoning properties from residential to commercial was not subject to referendum. The issue in this case, on virtually identical facts, is whether that decision should be followed or overruled.

The City of Fruit Heights, whose area is 1.92 square miles and whose...

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