L. E. Dewey Et Al. v. Doxey-Layton Realty

McDONOUGH, Chief Justice. From judgment entered pursuant to an order sustaining defendants' motion to dismiss the amended
complaint, plaintiffs appeal, contending that, as property owners, they have a right to initiate a residential rezoning ordinance
and that, pending a vote on the matter, they are entitled to an injunction to prevent the building of business property and/or
a judicial declaration that no vested rights will be acquired by present builders should the initiative petition be successful. According to the complaint, property in the area of Foothill Drive between 13th South and 17th South in Salt Lake City was
purchased by present owners prior to any zoning and at a time when it was a part of Salt Lake County. In 1950, it was zoned
by the County as 'Residential B-3,' which classification permits retail commercial development. In 1951, it was annexed to
Salt Lake City. In 1952, plaintiffs filed a petition with Salt Lake City to rezone this land 'Residential A' and a public
hearing thereon was held March 19, 1953. The petition was denied by the City Commission on August 4, 1953; whereupon plaintiffs
began circulating their initiative petition and gave notice to defendant Doxey-Layton Company, owner of property projected
for business development, that the petition was being circulated and would be filed by the month of October. The petition
was complete with more than the required number of signatures on September 30, 1953, and was filed with the Salt Lake City
Recorder. On October 6, 1953, defendant Doxey-Layton Company filed application for a building permit to erect a service station
in that area and on October 8, the permit was granted by the municipal defendants.