Child v. City of Spanish Fork

CROCKETT, Justice:

Plaintiffs, owners of real property in the area known as “Wolf Hollow” adjacent to Spanish Fork in Utah County, sought a declaratory judgment 1 to challenge the City of Spanish Fork’s requirement that they transfer irrigation water to the City as a condition to annexation thereto.

On the basis of the pleadings, affidavits and documentary evidence defendant moved for dismissal. The trial court treated it as a motion for summary judgment; 2 and granted the motion. Plaintiffs appeal contending: (1) that the action of the City Council is beyond their powers; and that it is…