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UTAH SAGE, INC. v. PLEASANT GROVE CITY

No. 20200290.

525 P.3d 1269 (2023)

2023 UT 2

UTAH SAGE, INC., dba Hobby Tractors & Equipment, Larkin Tires, Inc., Gary Larson, and Fraternal Order of Eagles #3372, Appellees and Cross-appellants, v. PLEASANT GROVE CITY, Appellant and Cross-appellee.

Supreme Court of Utah.

Filed February 23, 2023.

Attorney(s) appearing for the Case

Gerald M. Salcido , Sandy, for appellees and cross-appellants

Robert C. Keller , Nathanael J. Mitchell , Salt Lake City, for appellant and cross-appellee

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

INTRODUCTION

¶1 Pleasant Grove (City) enacted a three-tiered "Transportation Utility Fee" (TUF), under which local property owners would be charged a monthly fee corresponding to the "intensity" with which they used city roads, as determined by a study of user demand on the City's roadways....

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