Consolidation Coal Co. v. Emery County

DURHAM, Justice:

Plaintiffs sued in the trial court for declaratory judgment, injunctive relief, and a refund of fees paid, challenging the validity of portions of the Emery County Business License Ordinance. The district court declared the challenged portions of the ordinance unconstitutional and beyond Emery County’s statutory authority, enjoined any further efforts to enforce the provisions in question, and ordered Emery County to refund money paid by Consolidation Coal Company pursuant to the ordinance. Emery County and the individual defendants appeal. Three issues are raised: (1) whether…