Home Builders Ass'n of Gr. Salt Lake v. Provo City

CALLISTER, Chief Justice:

Plaintiffs initiated this action, claiming the right to recover certain sewer connection fees, on the ground that such sums were exacted under an invalid ordinance of Provo City. Based on the pleadings, depositions, and exhibits, plaintiffs moved for summary judgment, which the Trial court denied on the ground that the ordinance was valid and within the power of the city to: enact and that it was constitutional. Judgment was entered in favor of defendant, and plaintiffs appeal therefrom.

On August 18, 1970, Provo City Commission enacted an ordinance, which imposed a…