Fitzgerald v. Salt Lake County

WAHLQUIST, District Judge.

This dispute has a rather lengthy history. It involves the construction of a gas station southeast of Salt Lake City. This court first became concerned with the dispute and considered it in Tolman-"v. Salt Lake County. 1 There the landowners adjoining the property in question succeeded in defeating a Salt Lake County ordinance rezoning the area. The basis was that no legal notice was given of the pending hearing on the application for the rezoning.

The instant case is concerned with a “use permit” issued by the same Board of County Commissioners for the gas station.…