DAVIS COUNTY v. CLEARFIELD CITY

No. 860343-CA.

756 P.2d 704 (1988)

DAVIS COUNTY, a body politic of the State of Utah, and Victor Smith, Plaintiffs and Respondents, v. CLEARFIELD CITY, a municipal corporation of the State of Utah, and the Clearfield City Planning Commission, Defendants and Appellants.

Court of Appeals of Utah.

May 13, 1988.


Attorney(s) appearing for the Case

Craig S. Cook (argued), Salt Lake City, for Clearfield City.

Gerald E. Hess (argued), Chief Deputy Davis Co. Atty., Farmington, for Davis County.

Before GREENWOOD, BILLINGS and ORME, JJ.


OPINION

ORME, Judge:

Clearfield City seeks reversal of a district court order issuing an extraordinary writ in the nature of a writ of mandamus. The writ ordered Clearfield City to issue Davis County a conditional use permit for a group home. We affirm.

FACTS

On June 25, 1984, Davis County made application with the Clearfield City Planning Commission for a conditional use permit to operate a residential treatment program for adolescents...

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