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BOARD OF EDUC. v. SANDY CITY CORP.

No. 20020020.

94 P.3d 234 (2004)

2004 UT 37

BOARD OF EDUCATION OF JORDAN SCHOOL DISTRICT, Plaintiff and Appellant, v. SANDY CITY CORPORATION, Defendant and Appellee.

Supreme Court of Utah.

May 4, 2004.

Attorney(s) appearing for the Case

Blake T. Ostler, Bountiful, for plaintiff.

Jody K. Burnett, Salt Lake City, Bryce D. McEuen, Sandy, for defendant.

Stephen C. Earl, Orem, for amicus City of Orem.

Brinton R. Burbidge, Thomas C. Anderson, Salt Lake City, for amicus Utah School Boards Assoc.

Steven W. Allred, Salt Lake City, for amici Salt Lake City Corp. and Utah League of Cities & Towns.

PARRISH, Justice:

¶ 1 In this appeal, we decide whether section 10-9-106 of the Utah Code precludes a municipality from charging school districts a monthly storm sewer drainage fee. The Jordan School District appeals from an order of the district court granting summary judgment in favor of Sandy City on this issue. We affirm the district court's decision.

FACTUAL BACKGROUND

¶ 2 In 1999, the Sandy City Council adopted Ordinance No. 99-16...

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