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BLACKBURN v. WASHINGTON CITY

No. 20030528-CA.

101 P.3d 391 (2004)

2004 UT App 365

Grace BLACKBURN; Eileen Blake; Brian Christiansen; Morgan Bingham; Dave Stark; ETC/TB Daycare, Inc.; Gary Westfall; David Beagley; Washington-Ridgeview Associates; Terry Campbell; The Highlands Homeowners' Association; and Turtle Creek Homeowners' Association, Plaintiffs and Appellants, v. WASHINGTON CITY, Defendant and Appellee. Wheeler Machinery Company, Intervenor and Appellee.

Court of Appeals of Utah.

October 21, 2004.

Attorney(s) appearing for the Case

Bruce R. Baird, Baird & Jones, Salt Lake City, for Appellants.

Jeffrey N. Starkey and Bryan J. Pattison, Durham Jones & Pinegar, St. George, for Appellee.

Joseph C. Rust, Kesler & Rust, Salt Lake City, for Intervenor.

Before BILLINGS, P.J., BENCH, Associate P.J., and GREENWOOD, J.

OPINION

BILLINGS, Presiding Judge:

¶ 1 Plaintiffs appeal the trial court's order (1) granting summary judgment to Defendant Washington City (the City) and Intervenor Wheeler Machinery Co. (Wheeler) and (2) denying Plaintiffs' cross-motion for summary judgment. We affirm.

BACKGROUND

¶ 2 Wheeler applied for a conditional use permit (CUP) to construct and operate a commercial facility from which to sell, rent, and service construction...

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