Legal Opinion · Concurrence

Bountiful City v. De Luca

Utah Supreme Court

Decided October 10, 1930No. 4883Published

1ConcurrenceFolland, J.

I concur. I am satisfied that the legislative enactments and city ordinance in question were enacted within the proper exercise of the police power and are not violative of any provision of the state or federal Constitution. These do not prohibit all and every use of the land of appellants nor of the land within 300 feet of the stream nor prevent the grazing of such lands by goats or other animals where the proper precautions are taken to prevent pollution of the waters of the stream. The decree of the court goes further and is broader in its scope than the statutes and ordinances and enjoins…

2Cases cited11 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912
  3. Standard Oil Co. v. City of MarysvilleSupreme Court of the United States · 1929
  4. State v. MorseSupreme Court of Vermont · 1911
  5. In re GuerraSupreme Court of Vermont · 1920

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