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eBook details

• Title: Consolidation Coal Company v. Emery County
• Author : Court of Appeals of Utah
• Release Date : January 24, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

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 Countys 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 the "additional fee" provision of the Emery County Business License Ordinance is in excess of the licensing authority granted to counties under U.S.A., 1953, § 17-5-27 (1973); (2) whether the additional fee provision denies equal protection to the plaintiffs; and (3) whether the criteria for exemption from the additional fee provision are unconstitutionally vague and therefore violate plaintiffs due process rights. We affirm on the statutory authority question.

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