Phi Kappa Iota Fraternity v. Salt Lake City

PRATT, Chief Justice.

This case, under our Declaratory Judgment Act, U. C. A. 1943, 104-64-1 et seq., involves the constitutionality of a city ordinance which confines the use of premises in a restricted residential area, for a fraternity or a sorority, to an area not more than 600 feet from the lands and premises occupied by the institution to which the fraternity or the sorority is an incident.

Specifically it involves the premises being purchased and now occupied by the plaintiff fraternity which is one of the fraternities authorized by the University of Utah in Salt Lake City. The…