State Ex Rel. Division of Consumer Protection v. Rio Vista Oil, Ltd.

ZIMMERMAN, Justice:

The State of Utah, through the Division of Consumer Protection, appeals a district court decision holding that the Motor Fuel Marketing Act (“the Act”) is unconstitutional. See Utah Code Ann. §§ 13-16-1 to -9 (1986 & Supp.1989) (amended 1987). 1 The court ruled that several provisions of the Act relating to its ban on below-cost sales violated the due process clauses of both the Utah and the United States Constitutions. Utah Const, art. I, § 7; U.S. Const, amend. XIV, § 1. Rio Vista Oil, Ltd. (“Rio Vista”), cross-appeals the court’s denial of its request for an award of…