Biddle, et al v. Washington Terrace City, et al
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Clarence H. Biddle, Paul G.Biddle,
David E Christensen, Jess Decaria,
Orville L. Greathouse, Lola Morgan,
and Harold E. Scott,
Plaintiffs and Appellants,
v.
Washington Terrace City,
a Utah municipality,
Richard E. Jackson, David Berg,
John Giles, Paula Hensley,
Marian Jensen, and Robert Tucker,
all in their official capacities,
Defendants and Appellees.
No. 990484
F I L E D
September 10, 1999
1999 UT 88
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Second District, Weber County
The Honorable Parley R. Baldwin
Attorneys:
Brad C. Smith, Ogden, for plaintiffs
Jody K. Burnett, Salt Lake City, Stephan F. Noel, Ogden,
for defendants
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ORDER
PER CURIAM:
¶1
The court holds that under the Optional Forms of Municipal
Government Act, § 10-3-1201 et seq., the former mayor of Washington
Terrace City, Richard Jackson, is one of the "elected officials of the
municipality whose positions . . . no longer exist as a result of the adoption
of a form of government provided for in this act" Id., § 10-3-1208.
The position of mayor under the newly created council-mayor optional form
of government is in effect a new position structurally and substantively,
and it must be filled by election as provided in the Act. Therefore, the
judgment of the trial court is affirmed.
¶2
Full opinion to follow.
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