Salt Lake City v. International Ass'n of Firefighters

MAUGHAN, Justice:

Plaintiff, a municipal corporation, brought this declaratory judgment action to challenge the constitutionality of the Utah Fire Fighters’ Negotiation Act, Chap. 20a, Title 34, U.C.A. 1953, as enacted 1975. Both parties moved for summary judgment; plaintiff prevailed.

*788The trial court held the act provided for an unconstitutional delegation of legislative power, and created a commission to perform municipal functions; contrary to Article VI, Sec. 28, Constitution of Utah. It further ruled the provisions for binding arbitration were not severable from the act as a whole.…