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BISSLAND v. BANKHEAD

Nos. 20070780, 20070805.

171 P.3d 430 (2007)

2007 UT 86

Bob BISSLAND, Laura Fisher, Sharell Eames, Margaret Recker, Neil Larsen, Roger Dahle, Mary Ellen Klomps, Linda Goetse and Ralph Call, Petitioners and Appellants, v. Skarlet BANKHEAD, Providence City Recorder; Providence City, Respondents and Appellees. Redstone Development, LLC, and Checketts Farm, LLC, Intervenors and Appellees.

Supreme Court of Utah.

October 26, 2007.

Attorney(s) appearing for the Case

D. Rand Henderson, Kenneth C. Allsop, Logan, for petitioners Bissland, Fisher, and Call.

Gary N. Anderson, Brian G. Cannell, Logan, for petitioners Eames, Recker, Larsen, Dahle, Goetse, and Klomps.

N. George Daines, Craig J. Carlston, Scott L. Wyatt, Logan, for respondents.

Kenneth D. Bradshaw, Ogden, Amy Hugie, Brigham City, for intervenors.

Brent M. Johnson, Salt Lake City, for Judge Willmore.

NEHRING, Justice:

¶ 1 Petitioners are residents of Providence City, Utah, who seek to overturn by referendum an annexation ordinance. The Providence City recorder refused to approve the proposed referendum for placement on the ballot for the November 2007 vote. The recorder determined that Petitioners failed to submit their petition within forty-five days of the ordinance's passage, as required by law. The district court agreed and granted summary judgment for...

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