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SUMMIT WATER DISTRIBUTION v. SUMMIT COUNTY

No. 20040033.

123 P.3d 437 (2005)

2005 UT 73

SUMMIT WATER DISTRIBUTION COMPANY, a Utah non-profit corporation; et al., Plaintiffs and Appellants, v. SUMMIT COUNTY; Summit County Commission; Mountain Regional Water Special Service District, a body politic of the State of Utah; Patrick D. Cone, Shauna L. Kerr, Eric D. Schifferli, County Commissioners; Douglas Evans, Employee and President of Mountain Regional Water Special Service District; Montgomery Watson Harza, a California corporation and its employee and agent, William Todd Jarvis, an individual; and John Does 1-10, Defendants and Appellees.

Supreme Court of Utah.

November 4, 2005.

Attorney(s) appearing for the Case

Robert S. Campbell, Scott M. Lilja, Clark K. Taylor, Jennifer Anderson, John F. Flynn, Salt Lake City, for appellants.

Jody K. Burnett, George A. Hunt, Robert C. Keller, Michael D. Zimmerman, Kimberly Neville, Salt Lake City, David L. Thomas, Coalville, for appellees.

Mark L. Shurtleff, Att'y Gen., Annina M. Mitchell, R. Wayne Klein, Asst. Att'ys Gen., for Attorney General amicus.

Mark K. Buchi, Greggory J. Savage, Richard D. Flint, Salt Lake City, for Intermountain Power Agency amicus.

DURHAM, Chief Justice:

¶ 1 The appellants brought suit against Summit County, a county-created water service district, and related parties, alleging antitrust violations under section 76-10-914 of the Utah Antitrust Act and Article XII, Section 20 of the Utah Constitution. The district court dismissed these claims on the basis that the appellees were exempt from the Antitrust Act under Utah Code section 76-10-915(1)(f) and that the constitutional antitrust provision...

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