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SUMMIT WATER DIST. v. MOUNTAIN REG. WATER SPECIAL SERVICE DIST.

No. 20040091-CA.

108 P.3d 119 (2005)

2005 UT App 66

SUMMIT WATER DISTRIBUTION COMPANY, a Utah nonprofit corporation; Leon H. Saunders, an individual; Stuart A. Knowles, an individual; Trilogy Limited, L.P., a Georgia limited partnership; and Lynn Nelson, an individual, Plaintiffs and Appellants, v. MOUNTAIN REGIONAL WATER SPECIAL SERVICE DISTRICT, a body politic of the State of Utah; Douglas W. Evans, Assistant General Manager of Mountain Regional Water Special Service District; James W. Carbine, General Manager of Mountain Regional Water Special Service District; David E. Hansen, Summit County District Engineer; Steve Jenkins, Director of the Summit County Health Department; the Governing Board of Mountain Regional Water Special Service District, Shauna L. Kerr, Robert Richer, and Kenneth E. Woolstenhulme, in their official capacities; and John Does 1-10, Defendants and Appellees.

Court of Appeals of Utah.

February 17, 2005.

Attorney(s) appearing for the Case

Clark K. Taylor, Robert S. Campbell, and Scott M. Lilja, Van Cott Bagley Cornwall & McCarthy, Salt Lake City, for Appellants.

Andrew M. Morse, Snow Christensen & Martineau, Jody K. Burnett, and Robert C. Keller, Williams & Hunt, Salt Lake City, for Appellees.

Before Judges DAVIS, JACKSON, and THORNE.

OPINION

DAVIS, Judge:

¶ 1 Summit Water Distribution Company; Leon H. Sanders; Stuart A. Knowles; Trilogy Limited, L.P.; and Lynn Nelson (collectively, Summit Water) appeal the trial court's determinations that Summit County was authorized by the County Land Use Development and Management Act (CLUDMA), see Utah Code Ann. §§ 17-27-101 to -1003 (2001 & Supp.2004), to adopt Ordinance No. 436

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