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ANDERSON v. PROVO CITY CORP.

No. 20030679.

108 P.3d 701 (2005)

2005 UT 5

Jerald and Bonnie ANDERSON, Michael Johnston, Sheila Johnston, Jonathan Myres, Jim Tills, Gigi Tills, Plaintiffs and Appellants, v. PROVO CITY CORP., Defendant and Appellee.

Supreme Court of Utah.

January 21, 2005.

Attorney(s) appearing for the Case

Bruce R. Baird, Salt Lake, for plaintiffs.

David C. Dixon, Provo, Jody K. Burnett, Salt Lake, for defendants.

DURHAM, Chief Justice:

¶ 1 The City of Provo amended a zoning ordinance governing residential neighborhoods near Brigham Young University to allow only those homeowners who reside in their homes to rent out "accessory" apartments. A group of homeowners brought suit challenging the amendment, and the district court granted summary judgment to Provo. In this appeal of that decision, the homeowners argue that the amended ordinance (1) exceeds Provo's legislative...

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