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SALT LAKE COUNTY v. BANGERTER

No. 940520.

928 P.2d 384 (1996)

SALT LAKE COUNTY, a political subdivision of the State of Utah, and Utah Association of Counties, a Utah nonprofit corporation, Plaintiffs and Appellants, v. Norman H. BANGERTER, R. Paul Van Dam, and the Utah State Tax Commission, Defendants and Appellees.

Supreme Court of Utah.

November 26, 1996.

Attorney(s) appearing for the Case

Douglas R. Short and Karl L. Hendrickson, Salt Lake City, for Salt Lake County.

Bill Thomas Peters, Salt Lake City, for Association of Counties.

Jan Graham, Atty. Gen., John C. McCarrey, Asst. Atty. Gen., Salt Lake City, for Bangerter, Van Dam, and Tax Commission.

HOWE, Justice:

Salt Lake County and the Utah Association of Counties (the Counties) appeal from a summary judgment dismissing for lack of standing the Counties' complaint requesting a declaratory judgment that Utah Code Ann. § 59-2-1004(3)(d) (1996) (the Equalization Act) is unconstitutional.

The Equalization Act provides:

If the fair market value of the property that is the subject of the appeal deviates plus or minus 5% from the assessed value...

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