Sweetwater Properties v. Town of Alta

BUNNELL, District Judge:

A rehearing was granted to further consider the Court’s decision in this case issued January 14, 1981, 622 P.2d 1178, limited to this specific issue:

Under what circumstances can the town of Alta, sua sponte, initiate a Policy Declaration for annexation pursuant to Title 10-2-401 through 423, U.C.A., 1953, as amended.

Upon the basis of supplemental briefs and arguments, the Court has concluded that the said previously issued decision *1190should be modified by deleting therefrom the tenth paragraph thereof which reads:

Except for their right to be heard at the public hearing…