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UTAH RESTAURANT v. SALT LAKE CITY-CTY

No. 870420-CA.

771 P.2d 671 (1989)

UTAH RESTAURANT ASSOCIATION, a Utah non-profit corporation; Utah Retail Grocers Association, a Utah non-profit corporation; Lamb's Restaurant; Flying Dees Family Restaurants; Kentucky Fried Chicken-Harmon's Management Corp.; Gastronomy, Inc.; Taco Maker, Inc.; Market Street Grill; Market Street Broiler; New Yorker Restaurant; Hilton Hotels-Pearson Enterprises; Sizzling Platter, Inc.; Stan's Market; N.P.S.; Crystal Palace Market; Wheel-In Market; The Table Supply; Voyles Market; The Store; Albertson's, Inc.; Family Market; Safeway Stores, Inc.; Tanning Experience; O.P. Skaggs # 1; SAB Enterprises; 8th Avenue Meat & Grocery; Macey's, Inc.; Bell's 48th St. Market; Peterson Foodtown; Food-4-Less; Dan's Foods; Montie's Bestway; and Hale's Market, Plaintiffs and Respondents, v. SALT LAKE CITY-COUNTY BOARD OF HEALTH, Defendant and Appellant.

Court of Appeals of Utah.

March 10, 1989.

Attorney(s) appearing for the Case

David E. Yocom, Thomas L. Christensen, Salt Lake City, for defendant and appellant.

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

Before DAVIDSON, BENCH and JACKSON, JJ.

JACKSON, Judge:

The Salt Lake City-County Board of Health (the "Board"), seeks reversal of a declaratory judgment holding its food service establishment inspection fee regulation, adopted under the Local Health Department Act (the "Act"),1 legally invalid. We reverse.

The Board is a non-elected body appointed by the Salt Lake City and County Commissioners to act as a local board of health. Its powers and duties are set forth in...

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