DocketNumber: 12767
Citation Numbers: 502 P.2d 557, 28 Utah 2d 343, 1972 Utah LEXIS 867
Judges: Callister, Crockett, Tuckett, Henriod, Ellett
Filed Date: 10/27/1972
Status: Precedential
Modified Date: 11/15/2024
(dissenting) :
I dissent. I think it ill-advised and unnecessary, particularly under the facts shown in this case, to put such a restrictive interpretation of the statutes referred to in the main opinion, either those relating to the offense charged, or to the grant of powers to the city. Notwithstanding the admittedly correct proposition that cities derive their powers from statute, it is my opinion that the law is and ought to be that they have those powers expressly granted, and also such powers as are reasonably and necessarily implied in order to properly function and carry out their responsibilities to the citizenry. See Ritholz v. City of Salt Lake, 3 Utah 2d 385, 284 P.2d 702 (1955);