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UTAH REST. ASS'N v. DAVIS CTY. BD. OF HEALTH

No. 19213.

709 P.2d 1159 (1985)

UTAH RESTAURANT ASSOCIATION, a Utah non-profit corporation, and Anthony's, Inc., a Utah Corporation dba Anthony's Restaurant, Plaintiffs and Respondents, v. DAVIS COUNTY BOARD OF HEALTH, Defendant and Appellant.

Supreme Court of Utah.

November 8, 1985.

Attorney(s) appearing for the Case

Gerald E. Hess, Deputy Co. Atty., Farmington, for defendant and appellant.

Gary E. Atkin, Salt Lake City, for plaintiffs and respondents.

ZIMMERMAN, Justice:

The Davis County Board of Health appeals from a final judgment holding invalid its regulation imposing a permit fee upon food service establishments in Davis County, restraining the Board of Health from imposing any charges pursuant to the regulation and ordering the return of any payments already received. We affirm in part and reverse in part.

In 1980, the Davis County Board of Health ("Board") promulgated the Food Services Establishment...

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