Weber Basin Home Builders Ass'n v. Roy City

CROCKETT, Justice.

Weber Basin Home Builders, land developers, sought a declaratory judgment 1 that an ordinance adopted by Roy City in 1968 increasing its building permit fee by $100 was ultra vires, discriminatory and unconstitutional. There was no dispute as to the facts. Upon the submission of motions for summary judgment by both parties, the court sustained the plaintiff’s contentions. Defendant appeals.

Land developers (such as plaintiff) in Roy City are required to pay all of the installation costs of services to property developed, including curb and gutter, sidewalks, sanitary and…