Tooele Associates Ltd. Partnership v. Tooele City Corp.

PARRISH, Justice.

INTRODUCTION

11 This case requires us to analyze the constitutionality of a municipal inspection fee. Specifically, we must determine whether the district court erred in holding that Tooele City Corporation's civil inspection fee is an unconstitutional tax under Utah Constitution article I, section 5, because the City's procedures for setting its inspection fee were unreasonable. Because the district court's constitutional analysis incorrectly focused on the City's fee-setting procedure rather than the cost of conducting the civil inspections, we hold that the district court…