Sweetwater Properties v. Town of Alta ( 1981 )

BUNNELL, District Judge:

A rehearing was granted to further consider the Court’s decision in this case issued January 14, 1981, 622 P.2d 1178, limited to this specific issue:

Under what circumstances can the town of Alta, sua sponte, initiate a Policy Declaration for annexation pursuant to Title 10-2-401 through 423, U.C.A., 1953, as amended.

Upon the basis of supplemental briefs and arguments, the Court has concluded that the said previously issued decision should be modified by deleting therefrom the tenth paragraph thereof which reads:

Except for their right to be heard at the public hearing before adoption of the policy declaration and asserting whatever influence they may have within the governing body of the city or other affected entities, the property owner cannot prevent the annexation if there is compliance with these sections of the law.

And further, delete from the first sentence of paragraph 11 the words “However,” and “additional.”

Except for the deletion of the language just quoted, it is not intended that this supplement will in any way affect the adjudication of issues in the prior decision.

HALL, C. J., and J. ALLAN CROCKETT, Retired Justice, concur. STEWART, J., having disqualified himself, does not participate herein; BUN-NELL, District Judge, sat. OAKS, J., does not participate herein; J. ALLAN CROCKETT, Retired Justice, sat. MAUGHAN, J., heard the arguments, but died before this opinion was filed.