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CHILD v. CITY OF SPANISH FORK

No. 13960.

538 P.2d 184 (1975)

Cleve C. CHILD et al., Plaintiffs and Appellants, v. The CITY OF SPANISH FORK, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Utah.

July 16, 1975.

Attorney(s) appearing for the Case

Fred G. Biesinger, Salt Lake City, for plaintiffs and appellants.

W. Eugene Hansen and G. Richard Hill, of Hansen & Orton, Salt Lake City, for defendant and respondent.

CROCKETT, Justice:

Plaintiffs, owners of real property in the area known as "Wolf Hollow" adjacent to Spanish Fork in Utah County, sought a declaratory judgment1 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...

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