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FRIENDS OF MAPLE MOUNTAIN v. MAPLETON CITY

No. 20080532.

228 P.3d 1238 (2010)

2010 UT 11

FRIENDS OF MAPLE MOUNTAIN, INC., a Utah nonprofit corporation; and Jim F. Lundberg, an individual, Plaintiffs and Appellants, v. MAPLETON CITY, a Utah municipal corporation, Defendant and Appellee. Dr. Wendell A. Gibby and Trudy Gibby, individually, and as co-trustees of the UVRA, Inc., WAG Pension Trust and MCBRS, LLC, Intervenor-Defendants and Appellees.

Supreme Court of Utah.

February 26, 2010.

Attorney(s) appearing for the Case

Anthony W. Schofield, Eugene H. Bramhall, Christopher E. Bramhall, Peter C. Schofield, Orem, for plaintiffs.

Eric Todd Johnson, Daniel J. McDonald, Lyle J. Fuller, Salt Lake City, for defendant.

M. Dayle Jeffs, Randall L. Jeffs, Provo, for intervenor-defendants.

WILKINS, Justice:

INTRODUCTION

¶ 1 Appellants, Friends of Maple Mountain (Friends), bring this appeal in the course of their pursuit to hold a citizens referendum challenging a zoning ordinance enacted by Mapleton City (Mapleton), which rezoned a portion of the foothills of Maple Mountain. Friends appeal the district court's decision that, under the test outlined by this court in Citizen's Awareness Now v. Marakis, 873 P.2d 1117...

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