Utahns for Better Dental Health-Davis, Inc. v. Davis County Clerk

DURHAM, Chief Justice:

¶ 1 Utahns For Better Dental Health-Davis, Inc. (UFBDH) appeals from the district court’s denial of an attorney fee award. We reverse the district court and award UFBDH attorney fees in this matter under the private attorney general doctrine.

BACKGROUND

¶ 2 During the November 2000 general election, Davis County citizens voted on an opinion question that asked, “Should fluoride be added to the 'public water supplies within Davis County?” With fifty-two percent of voters favoring the addition of fluoride to water supplies and forty-eight percent opposing fluoridation, the…