Legal Opinion

Kesler & Sons Construction Co. v. Utah State Division of Health

Utah Supreme Court

Decided September 4, 1973No. 12948PublishedCited by 2 opinions

1Opinion of the Court

CROCKETT, Justice:

Kesler & Sons, plumbing contractors, sued the State Division of Health to enjoin the enforcement of a regulation which required the installation of a certain type of back-flow prevention device in installing sprinkler systems, contending that it is invalid and unconstitutional. After a trial, the trial court refused to so rule and plaintiff appeals.

Section 26-15-4(21), U.C.A.1953, authorizes the State Department of Health:

a. To establish and enforce minimum sanitary standards for:(a) The collection, treatment and distribution of drinking water including . . . distribution…

2Cases cited8 opinions

  1. Hutchinson v. City of ValdostaSupreme Court of the United States · 1913
  2. Williams v. WalshSupreme Court of the United States · 1912
  3. Utah Mfrs.' Assn. v. StewartUtah Supreme Court · 1933
  4. Kent Club v. TorontoUtah Supreme Court · 1957
  5. Clayton v. BennettUtah Supreme Court · 1956

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Peatross v. Board of Commissioners of Salt Lake CountyUtah Supreme Court · 1976
  2. Port of Coos Bay v. City of Coos BayCourt of Appeals of Oregon · 1975

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