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BOARD OF TRUSTEES v. KEYSTONE CONVERSIONS

No. 20030457.

103 P.3d 686 (2004)

2004 UT 84

BOARD OF TRUSTEES OF WASHINGTON COUNTY WATER CONSERVANCY DISTRICT, Petitioner, v. KEYSTONE CONVERSIONS, LLC, a Utah Limited Liability Company, Respondent. Keystone Conversions, LLC, a Utah Limited Liability Company, Plaintiff, Appellant, and Cross-Appellee, v. The Washington County Water Conservancy District, an independent special district of Washington County, Defendant, Appellee, and Cross-Appellant.

Supreme Court of Utah.

October 19, 2004.

Attorney(s) appearing for the Case

Lewis P. Reece, N. Adam Caldwell, St. George, for plaintiff.

Barbara G. Hjelle, St. George, for defendant.

DURRANT, Justice:

¶ 1 This dispute concerns whether a "water availability fee" adopted by the Board of Trustees of the Washington County Water Conservancy District (the "Water District") constitutes an "impact fee" pursuant to the Impact Fees Act, Utah Code Ann. §§ 11-36-101 to -501 (2003). Keystone Conversions, L.L.C. ("Keystone"), a local developer in the area served by the Water District, filed a complaint asking the district court to determine that...

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