Provo City v. Jacobsen

I dissent. This case was brought in the District Court, and comes here on appeal, to determine questions of paramount importance, not only to the parties involved in this action, but to the state and all of its citizens generally, and particularly to thousands of its citizens who have pending in embryonic litigation the same questions. These questions have been bobbing up, and recurring for seventy-five- years, and each year becomes more difficult of solution because time ruins, kills and eliminates the evidence from which they must be answered, and yet adds to the value of the stakes…