Bird v. Sorenson
Cases that cite this one
18 later published cases cite this decision.
- Wilson v. Manning (Utah 1982)
- Citizen's Awareness Now v. Marakis (Utah 1994)
- Krejci v. City of Saratoga Springs (Utah 2013)
- Carter v. Lehi City (Utah 2012)
- Low v. City of Monticello (Utah 2002)
- Gumprecht v. City of Coeur D'Alene (Idaho 1983)
- City of Eastlake v. Forest City Enterprises, Inc. (Supreme Court of the United States 1976)
- West v. City of Portage (Mich. 1974)
- Garvin v. NINTH DIST. COURT EX REL. DOUGLAS (Nev. 2002)
- Sevier Power Co. v. Board of Sevier County Commissioners (Utah 2008)
- Mouty v. Sandy City Recorder (Utah 2005)
- Smith Investment Co. v. Sandy City (Utah Ct. App. 1998)
- Quinn v. Town of Dodgeville (Wis. 1985)
- Quinn v. Town of Dodgeville (Wis. Ct. App. 1984)
- Quinn v. Town of Dodgeville (Wis. Ct. App. 1984)
- Ed Zaagman, Inc. v. City of Kentwood (Mich. 1979)
- Donnelly v. City of Fairview Park (Ohio 1968)
- Garvin v. Ninth Judicial District Court of the State of Nevada (Nev. 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The City of Washington Terrace has in effect a master zoning plan ordinance. Subsequent to its adoption, the City Council passed an ordinance changing the classification of certain property from residential *2 to commercial use. Plaintiff, a taxpaying resident and elector, sought to have the latter ordinance submitted to a referendum vote. Defendant, City Recorder Olive Sor-enson, refused to accept plaintiff’s petition, and the latter sought a writ of mandamus. Intervenors are the holders of an option to purchase the property involved. The lower court dismissed her petition and plaintiff appeals.
The ordinance in question was passed after the requested change had been studied and recommended by the planning commission and after a public hearing had been .held. 1 The determinative question is whether or not the action of the City Council was administrative or legislative. If the former, it is not subject to referendum. We so hold, based upon logic and prior decisions of this court. 2 If each change in a zoning classification were to be submitted to a vote of the city electors, any master plan would be rendered inoperative. Such changes are administrative acts implementing the comprehensive plan and adjusting it to current ■ conditions.
Affirmed. Costs to defendants.
. 10-9-20, U.C.A.1953.
. Keigley v. Bench, 97 Utah 69, 89 P.2d 480, 122 A.L.R. 756 (1939); Shriver v. Bench, 6 Utah 2d 329, 313 P.2d 475 (1957); see also: Kelley v. John, 162 Neb. 319, 75 N.W.2d 713 (1956) and 5 Utah L.Rev. 414 (1957).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.