CONSOLIDATION COAL CO. v. EMERY COUNTY

No. 18554.

702 P.2d 121 (1985)

CONSOLIDATION COAL COMPANY, et al., Plaintiffs and Respondents, v. EMERY COUNTY, et al., Defendants and Appellants.

Supreme Court of Utah.

June 24, 1985.


Attorney(s) appearing for the Case

Scott N. Johansen, Co. Atty., Castle Dale, Bill Thomas Peters, Sp. Co. Atty., Salt Lake City, for defendants and appellants.

John F. Waldo, James B. Lee, Kent W. Winterholler, Salt Lake City, James T. Jensen, Price, for plaintiffs and respondents.


DURHAM, Justice:

Plaintiffs sued in the trial court for declaratory judgment, injunctive relief, and a refund of fees paid, challenging the validity of portions of the Emery County Business License Ordinance. The district court declared the challenged portions of the ordinance unconstitutional and beyond Emery County's statutory authority, enjoined any further efforts to enforce the provisions in question, and ordered Emery County to refund money paid by Consolidation...

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