Sugarhouse Mercantile Co. v. Salt Lake County

225 P.2d 1050, 119 Utah 234, 1950 Utah LEXIS 164

Opinion

PER CURIAM.

This case is controlled by our decision in the case of Toronto v. Sheffield, 118 Utah 460, 222 P. 2d 594, in which Section 104—2—5.10, Laws of Utah 1943, was held to be unconstitutional.

The judgment is reversed and the cause remanded with instructions to grant a new trial wherein defendants may present their claims for the amounts they have paid to the county for this property as a condition of quieting appellant’s title thereto. Appellant shall recover its costs on appeal.