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UFBDH v. DAVIS COUNTY CLERK

No. 20060321.

175 P.3d 1036 (2007)

2007 UT 97

UTAHNS FOR BETTER DENTAL HEALTH-DAVIS, INC., a Utah nonprofit corporation, Plaintiff and Appellant, v. DAVIS COUNTY CLERK, Steven S. Rawlings, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied January 16, 2008.

Attorney(s) appearing for the Case

David R. Irvine, Janet I. Jenseon, Salt Lake City, for plaintiff.

Melvin C. Wilson, Farmington, J. Kevin Murphy, Salt Lake City, for defendant.

DURHAM, Chief Justice:

¶ 1 Utahns For Better Dental Health-Davis, Inc. (UFBDH) appeals from the district court's denial of an attorney fee award.

We reverse the district court and award UFBDH attorney fees in this matter under the private attorney general doctrine.

BACKGROUND

¶ 2 During the November 2000 general election, Davis County citizens voted on an opinion question that asked, "Should fluoride be added to the public water...

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