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SMITH v. ZOOK

No. 20200674.

487 P.3d 88 (2021)

2021 UT 10

Kent SMITH, Chandra Smith, Edward M. Duke, Sharon P. Duke, and Timothy Syndergaard, Appellees, v. David ZOOK, in his capacity as the City Manager/Recorder/Local Clerk of Nibley City, Appellee, and Return Development LLC, Appellant/Intervenor.

Supreme Court of Utah.

Filed April 15, 2021.

Attorney(s) appearing for the Case

Daniel K. Dygert , Logan, for appellees

Eric Todd Johnson , Robert A. Patterson , Salt Lake City, for appellee.

David K. Broadbent , Christopher R. Hogle , Chelsea J. Davis , Salt Lake City, for appellant/intervenor.

Associate Chief Justice Lee authored the opinion of the Court, in which Chief Justice Durrant, Justice Himonas, Justice Pearce, and Justice Petersen joined.

¶1 Nibley City enacted an ordinance approving a development project on property owned by Return Development LLC. Several citizens opposed the ordinance and collected signatures in support of a referendum petition. Some of the signatures were collected through paper "referendum packets" presented...

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