Legal Opinion

Freeman v. Centerville City

Utah Supreme Court

Decided September 21, 1979No. 15904PublishedCited by 7 opinions

1Opinion of the Court

STEWART, Justice:

The property of the plaintiff, Clyde B. Freeman, was annexed by an ordinance passed by Centerville City pursuant to the provisions of § 10 — 2—401 U.C.A. (1977 Supp.)1 Freeman initiated a declaratory judgment action in the Second Judicial District for Davis County to test the constitutionality of the annexation. The trial court granted defendants’ motion to dismiss for failure to state a claim and upheld the constitutionality of § 10-2-401.2 From that order plaintiff appeals, arguing that the statute is constitutionally defective because it fails to provide that those in the…

2Cases cited12 opinions

  1. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  2. Kimball v. Grantsville CityUtah Supreme Court · 1899
  3. City of Tucson v. GarrettArizona Supreme Court · 1954
  4. City of Cedar Rapids v. CoxSupreme Court of Iowa · 1958
  5. Cottonwood City Electors v. Salt Lake County Board of CommissionersUtah Supreme Court · 1972

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3Cited by7 opinions

  1. Wells v. Children's Aid Soc. of UtahUtah Supreme Court · 1984
  2. Kearns-Tribune Corp. v. Salt Lake County CommissionUtah Supreme Court · 2001
  3. Sweetwater Properties v. Town of AltaUtah Supreme Court · 1981
  4. Doenges v. City of Salt Lake CityUtah Supreme Court · 1980
  5. Sandy City v. City of South JordanUtah Supreme Court · 1982

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