STICHTING MAYFLOWER MOUNTAIN FONDS v. JORDANELLE SPECIAL SERVICE DIST.

No. 990910-CA.

47 P.3d 86 (2001)

2001 UT App 257

STICHTING MAYFLOWER MOUNTAIN FONDS; Stichting Mayflower Recreational Fonds; and Jordan Investors, Inc., Plaintiffs and Appellants, v. JORDANELLE SPECIAL SERVICE DISTRICT, a special service district of Wasatch County, State of Utah, Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied January 28, 2002.


Attorney(s) appearing for the Case

E. Craig Smay, Salt Lake City, for Appellants.

Mark R. Gaylord and Craig H. Howe, Ballard, Spahr, Andrews & Ingersoll, Salt Lake City, for Appellee.

Before Judges BENCH, BILLINGS, and THORNE.


OPINION

BENCH, Judge:

¶ 1 Plaintiffs (collectively "Investors") appeal the trial court's order dismissing their action because a proper summons had not been served within the thirty-day time period allowed by Utah Code Ann. § 17A-3-229 (1999). We affirm.

BACKGROUND

¶ 2 Investors are property owners within the boundaries of Defendant Jordanelle Special Improvement District (Jordanelle...

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