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KENNECOTT COPPER v. SALT LAKE COUNTY

No. 870047.

799 P.2d 1156 (1990)

KENNECOTT COPPER CORPORATION, a New York corporation, Plaintiff and Appellee, v. SALT LAKE COUNTY, a body corporate and politic; Arthur Monson, Treasurer of Salt Lake County; Milton Yorgason, Assessor of Salt Lake County, Defendants and Appellants, v. UTAH STATE TAX COMMISSION, Cross-Claim Defendant and Appellee.

Supreme Court of Utah.

October 12, 1990.

Attorney(s) appearing for the Case

David E. Yocom, Bill Thomas Peters, John G. Avery, Salt Lake City, for defendants and appellants.

James B. Lee, Kent W. Winterholler, Salt Lake City, for Kennecott Copper Corp.

R. Paul Van Dam, Maxwell A. Miller, Leon A. Dever, Salt Lake City, for Utah State Tax Com'n.

STEWART, Justice:

Salt Lake County appeals a summary judgment dismissing its counterclaim against Kennecott Copper Corporation and the Utah State Tax Commission.

I. FACTS

Kennecott brought this suit against the Tax Commission, Salt Lake County, and others for a partial refund of its 1981 property taxes, previously paid under protest. Kennecott's action was based on Utah Code Ann. § 59-11-11 (1974).1 Kennecott alleged...

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