MOUTY v. THE SANDY CITY RECORDER

No. 20050101.

122 P.3d 521 (2005)

2005 UT 41

Steven MOUTY, Rick Burrell, Barbara Peterson, Gerald Jantz, Ted Brown, and Save Our Communities, Inc., Petitioners, v. THE SANDY CITY RECORDER and Sandy City, a municipal corporation, Respondents.

Supreme Court of Utah.

Rehearing Denied September 21, 2005.


Attorney(s) appearing for the Case

Robert H. Hughes, Salt Lake City, for petitioners.

Walter R. Miller, Sandy, for respondents.

Stephen K. Christensen, Jeffery S. Williams, Salt Lake City, for the Boyer Company.

Mark E. Hindley, Salt Lake City, for Gibbons Realty Company.

Vincent C. Rampton, Salt Lake City, for Lowe's.


DURRANT, Justice:

¶ 1 To resolve the present controversy, we must determine whether a city ordinance that amends the permitted and prohibited uses of land in a particular zoning category can be subjected to the referendum process. If the ordinance in question is referable, we must then determine whether the ordinance is a "land use law," a class of referable laws subject to a higher signature threshold than generally required. We conclude that the ordinance is...

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