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SEVIER POWER CO., LLC. v. BD. OF SEVIER COUNTY COM'RS

No. 20080780.

196 P.3d 583 (2008)

2008 UT 72

SEVIER POWER COMPANY, LLC, Plaintiff and Appellee, v. The BOARD OF SEVIER COUNTY COMMISSIONERS and Steven C. Wall, Sevier County Clerk, Defendants. Sharlene Hansen, Alma Bastian, Grant N. Stubbs, Keith Dean McConnell, Ronald L. Bosshardt, and Burke V. Bastian, Intervening Defendants and Appellants.

Supreme Court of Utah.

October 17, 2008.

Attorney(s) appearing for the Case

Fred W. Finlinson, Saratoga Springs, Brian W. Burnett, Cass C. Butler, Michael D. Stanger, Salt Lake City, for plaintiff.

Jared T. Hales, Jeffery J. Owens, Salt Lake City, for defendants.

WILKINS, Justice:

¶ 1 Sevier Power Company, LLC, wishes to build a coal-fired power generation facility in Sevier County. Sharlene Hansen and others sought the opportunity to modify the county zoning ordinance applicable to approval of coal-fired power generation facilities so that the approval of such facilities required voter approval. Hansen and her associates presented an initiative petition on the subject to the...

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