Kennecott Copper Corp. v. City of Bingham Canyon

McDonough, justice.

The plaintiff, Kennecott Copper Corporation, seeks to have a large portion of the City of Bingham Canyon disconnected from the city limits pursuant to Secs. 10-4-1 and 10-4 — 2, U.C.A.1953. Pursuant to a plenary hearing on the matter the District Court granted the petition and the City appealed.

Sec. 10-4-1 of U.C.A. (1953) provides:

“Disconnection by petition to district court. — Whenever a majority of the real property owners in territory within and lying upon the borders of any incorporated city or town shall file with the clerk of the district court of the county in which…