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TOOELE ASSOC. LTD. v. TOOELE CITY CORP.

No. 20090028.

247 P.3d 371 (2011)

2011 UT 04

TOOELE ASSOCIATES LIMITED PARTNERSHIP, Plaintiff, Appellee, and Cross-appellant, v. TOOELE CITY CORPORATION, Defendant, Appellant, and Cross-appellee.

Supreme Court of Utah.

January 11, 2011.

Attorney(s) appearing for the Case

Paxton R. Guymon , Joel T. Zenger , Salt Lake City, for appellee.

W. Cullen Battle , Nora K. Brunelle , Salt Lake City, Roger E. Baker , Tooele, for appellant.

PARRISH, Justice.

INTRODUCTION

¶ 1 This case requires us to analyze the constitutionality of a municipal inspection fee. Specifically, we must determine whether the district court erred in holding that Tooele City Corporation's civil inspection fee is an unconstitutional tax under Utah Constitution article I, section 5, because the City's procedures for setting its inspection fee were unreasonable. Because the district court's constitutional analysis...

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