MOUNT OLIVET CEMETERY ASSOC. v. SALT LAKE CITY

No. 97-4078.

164 F.3d 480 (1998)

MOUNT OLIVET CEMETERY ASSOCIATION, a Utah non-profit corporation; Johnson Land Enterprises, LLC, a Utah limited liability company, Plaintiffs-Appellants, v. SALT LAKE CITY, a Utah municipality, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 15, 1998.


Attorney(s) appearing for the Case

Jay D. Gurmankin (Daniel L. Berman, Peggy A. Tomsic, and Daniel S. Day with him on the brief), of Berman, Gaufin, Tomsic & Savage, Salt Lake City, Utah, for appellants.

Steven W. Allred, Chief Deputy City Attorney, Salt Lake City, Utah, for appellee.

Before BRORBY, McWILLIAMS, and BRISCOE, Circuit Judges.


BRISCOE, Circuit Judge.

Plaintiffs Mount Olivet Cemetery Association and Johnson Land Enterprises appeal the district court's entry of summary judgment in favor of defendant Salt Lake City in plaintiffs' action seeking declaratory judgment and injunctive relief. Plaintiffs contend the district court erred in finding the Association was the owner of the Mount Olivet Cemetery property, and, as applied to the Association, the City's local zoning ordinance was not preempted...

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