Legal Opinion · Dissent

Call v. City of West Jordan

Utah Supreme Court

Decided December 26, 1979No. 15908Published

1DissentWilkins, Justice

I respectfully dissent.

The majority opinion forms a perilous new rule today by impermissibly expanding municipal powers, for the first time in this State, beyond those granted cities and towns by our Legislature and beyond those recognized by subdivision, zoning, and municipal government authorities, and it endangers the sound precedent of narrowly construing municipal powers which has been developed in Salt Lake City v. Revene,1 Ritholz v. City of Salt Lake,2 Salt Lake City v. Sutter,3 Tooele City v. Elkington,4 Nance v. Mayflower Tavern,5 Parker v. Provo City ,6 Nasfell v. Ogden City,7 Bohn…

2Cases cited21 opinions

  1. ASSOCIATED HOME BUILDERS ETC. v. City of Walnut CreekCalifornia Supreme Court · 1971
  2. Jenad, Inc. v. Village of ScarsdaleNew York Court of Appeals · 1966
  3. Marshall v. Salt Lake CityUtah Supreme Court · 1943
  4. Salt Lake City v. SutterUtah Supreme Court · 1923
  5. American Fork City v. RobinsonUtah Supreme Court · 1930

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