Allen W. Doty v. Town Cedar Hills

DURHAM, Justice: In this action, the plaintiffs below sought to have the annexation of an area known as Manila Phase I by the defendant, Town of Cedar Hills (hereinafter "Cedar Hills"), declared void due to procedural defects in the annexation process. The trial court granted the plaintiffs Motion for Summary Judgment, based on its findings that Cedar Hills adopted the annexation ordinance prior to its adoption of the policy declaration. Subsequently, based on Rule 59 of the Utah Rules of Civil Procedure, Cedar Hills filed a Motion to Amend Judgment or for a New Trial, alleging newly discovered evidence and error in law. Cedar Hills now appeals from the trial courts denial of its motion, claiming that such denial was an abuse of discretion and an error of law, and that Cedar Hills has substantially complied with the requirements of U.C.A., 1953, §§ 10-2-401 to -423 (Supp. 1981).We reverse the judgment and remand this case for a trial on the issues of actual and/or substantial compliance.