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BAGFORD v. EPHRAIM CITY

No. 940155.

904 P.2d 1095 (1995)

John M. BAGFORD and Fae H. Bagford, Plaintiffs and Appellants, v. EPHRAIM CITY, a municipal corporation, Defendant and Appellee.

Supreme Court of Utah.

October 11, 1995.

Attorney(s) appearing for the Case

Marcus Taylor, Richfield, for plaintiffs.

Jody K. Burnett, Salt Lake City, for Ephraim City.

David L. Church, Salt Lake City, for amicus Utah League of Cities & Towns.

STEWART, Associate Chief Justice:

Plaintiffs John M. Bagford and Fae H. Bagford, proprietors of a garbage collection business, appeal a district court judgment holding that an Ephraim City garbage collection ordinance does not result in a taking of the Bagfords' private garbage collection business. The ordinance provides for municipal garbage collection and requires all city residents to pay a fee for the city's garbage collection, whether or not the residents are...

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