SPRINGVILLE CITIZENS v. CITY OF SPRINGVILLE

No. 980028.

979 P.2d 332 (1999)

1999 UT 25

SPRINGVILLE CITIZENS FOR A BETTER COMMUNITY, including Leland and LaJean Davies, Keith and Joanne Haeffele, Michael and Linda Krau, Blaine and Shirley Robertson, Brian and Marsha Ryder, and Russel and Nancy Weiser, and High Line Ditch Water Users, including Bryan and Belinda Adams, Bert and Debra Bartholomew, Lynn and Maxine Bartholomew, Darrell and Dorothy Bickmore, Merlene Bona, Carl and Rebecca Burrows, Donald and Debra Bushman, Walter and Manita Fowler, David and Ruth Fuller, Donald and Laura Gage, Michael and LaRae Hill, Dale and Melba Jarman, Glendon and Leila C. Johnson, Linda Powers, Blaine and Shirley Robertson, Ronald and Utawna Witney, Plaintiffs and Appellants, v. The CITY OF SPRINGVILLE, a municipality under Utah law (aka Springville City, a municipal corporation or Springville City, a municipality), Mayor Hal Wing, in his official capacity, and John and Jane Does I-XV, Defendants and Appellees.

Supreme Court of Utah.

March 19, 1999.


Attorney(s) appearing for the Case

Matthew Hilton, Springville, for plaintiffs.

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


RUSSON, Justice:

¶ 1 This action arises from a land use decision made by Springville City, granting T. Roger Peay approval to develop a Planned Unit Development ("P.U.D."). Plaintiffs, owners of property neighboring the P.U.D., filed suit against the City challenging the P.U.D.'s approval. The district court granted summary judgment in favor of the City. We reverse the district court's grant of summary judgment and remand for further proceedings consistent with...

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