Matter Disconnection Part Territory Town by Supreme Court Of Utah

Matter Disconnection Part Territory Town

By Supreme Court Of Utah

  • Release Date: 1958-06-03
  • Category: Law

Brief Description

WADE, Justice. This is an appeal from an order of dismissal with prejudice against some petitioners in a suit to disconnect
land owned by them from the territory of the Town of West Jordan, Inc. because they and the land they owned had been involved
in another petition for disconnection, (Civil suit No. 112503 in the District Court of Salt Lake County) and severance had
been granted. The court in the instant petition concluded that as to such petitioners this action involved the same parties
and subject matter and therefore under the doctrine of res judicata they were barred from relitigating the matter. Section 10-3-1, U.C.A.1953 grants to a municipal corporation upon petition of a majority of real property owners the power
to extend the borders of its boundaries by annexing such properties. This power, however, is limited by Sections 10-4-1 and
10-4-2, U.C.A.1953, which grants to district courts upon the petition of a majority of real property owners in territory lying
within and upon the borders of a municipal corporation to determine whether under the facts it finds Justice and equity require
that severance be granted.

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