Padjen v. Shipley

MAUGHAN, Justice:

Plaintiff initiated this action, seeking in-junctive relief against the adjoining property owner on the ground that defendant' was violating a zoning ordinance, Section 22-2-16, Rev.Ord. Salt Lake County, 1966. The trial court granted plaintiff’s motion *939for summary judgment and ordered the removal of a dog run within 40 feet of plaintiffs house. Defendant appeals. We reverse; and remand for dismissal of plaintiffs action. This for the reason the ordinance is not applicable.

Plaintiff alleged defendant kept and maintained two dogs in a pen or run which extended to within 18…