Mountain States Telephone & Telegraph Co. v. Salt Lake City

HALL, Justice:

Appeal from a Summary Judgment entered against plaintiff, the trial court having ruled that there exists no material issue of fact as to the constitutionality of Salt Lake City’s franchise fee and utility revenue tax.

Plaintiff is a public utility which furnishes telephone service to customers generally throughout the State. For the privilege of using Salt Lake City roads and other public ways for its business purposes, plaintiff agreed to pay a 2 percent “franchise fee” determined from the gross revenues derived from sales within the City limits. In 1951, plaintiff requested…