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CARTER v. CITY OF SALINA

No. 84-1546.

773 F.2d 251 (1985)

Thomas W. CARTER and Mary M. Carter, Plaintiffs-Appellants, v. CITY OF SALINA and the Salina City Council, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 3, 1985.

Attorney(s) appearing for the Case

Peter Grundfossen of Kapaloski, Kinghorn & Peters, Salt Lake City, Utah, for plaintiffs-appellants.

D. Michael Jorgensen, Salina, Utah, for defendants-appellees.

Before BARRETT and SEYMOUR, Circuit Judges, and BALDOCK, District Judge.

BARRETT, Circuit Judge.

Plaintiffs-Appellants Thomas W. Carter and Mary M. Carter, husband and wife (Carters or Appellants), appeal from the district court's order, following trial to the court on stipulated facts, denying them injunctive relief which, if granted, would have permitted Carters to sell certain property they own in the City of Salina, Utah, for restaurant-commercial purposes in contravention of the terms of a void zoning ordinance. Jurisdiction is based...

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