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CITIZEN'S AWARENESS NOW v. MARAKIS

No. 920467.

873 P.2d 1117 (1994)

CITIZEN'S AWARENESS NOW, a Utah not-for-profit organization, Plaintiff and Appellant, v. Jaylene MARAKIS, East Carbon City Recorder; Paul Clark, Mayor, East Carbon City; Barbara Fisher, Rakele Palmer, Todd MacFarland, Leroy Tharp, and Don McCourt of the East Carbon City Council; Don McCourt, Chairman, East Carbon Planning Commission; and the East Carbon Development Corporation, Defendants and Appellees.

Supreme Court of Utah.

April 21, 1994.

Attorney(s) appearing for the Case

Kathryn P. Collard, J. Stephen Russell, Salt Lake City, for plaintiff.

Dan C. Keller, Price, for East Carbon City officials.

Alan L. Sullivan, Salt Lake City, and Nick Sampinos, Price, for East Carbon Development Corp.

DURHAM, Justice:

This dispute concerns approximately 2,500 acres of land in East Carbon City (the "ECDC Property"), owned by the East Carbon Development Corporation ("ECDC"), on which ECDC constructed a privately owned multi-million dollar solid-waste disposal facility. Plaintiff Citizen's Awareness Now ("CAN") sought referenda on two zoning change ordinances enacted by the East Carbon City Council (the "City Council") concerning the ECDC property. Defendant Jaylene...

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