Thomas W. Carter and Mary M. Carter v. City of Salina and the Salina City Council

BARRETT, Circuit Judge.

Plaintiffs-Appellants Thomas W. Carter and Mary M. Carter, husband and wife (Carters or Appellants), appeal from the district court’s order, following trial to the court on stipulated facts, denying them in-junctive relief which, if granted, would have permitted Carters to sell certain property they own in the City of Salina, Utah, for restaurant-commercial purposes in contravention of the terms of a void zoning ordinance. Jurisdiction is based on diversity of citizenship pursuant to 28 U.S.C. § 1332. A review of the agreed-to facts should aid in focusing on the issue…