Peay v. Board of Education of Provo City School District

CROCKETT, Justice.

Plaintiff as a taxpayer sued to have what is called the “voted leeway” school financing program, enacted by the 1961 Legislature (Chap. 104, S.L.U.1961), adjudged to be unconstitutional; and to have declared void an election held pursuant to it which approved additional school financing for the Provo City School District. The trial court granted defendants’ motion to dismiss and the plaintiff appeals.

The section of that chapter (53-7-24)— all references to statutes correlate to U. C.A. 1953 unless otherwise indicated — with which we are concerned provides in part:

“With the…