Branch v. Salt Lake County Service Area No. 2-Cottonwood Heights

ELLETT, Justice:

This appeal involves the constitutionality of Title 17, Chapter 29, U.C.A.1953, as amended by Chapter 34, Laws of Utah, 1967, and Chapter 44, Laws of Utah, 1969. It is known as the "County Service Area Act” and was originally enacted as Chapter 28, Laws of Utah, 1957.

The original act in its entirety was held to be unconstitutional in the case of Carter v. Beaver County, etc., 16 Utah 2d 280, 399 P.2d 440. The law had been amended twice since “Carter” was decided; however, the trial judge thought he was bound by the decision and gave a summary judgment in favor of the plaintiff…