Opinion

Keigley v. Bench, City Recorder

  • 97 Utah 69
  • 89 P.2d 480
  • 122 A.L.R. 756
  • 1939 Utah LEXIS 46
Court
Utah Supreme Court
Filed
Apr 19, 1939
Status
Published
Author
Moffat
On the bench
McDonough, Larson, Wolfe, Moffat, Pratt
Cited by
36 cases

stating that the legislature contemplated that a governing body of a city has administrative as well as legislative functions, and they intended to limit referendum proceedings to legislative acts

How later courts described this case

  • stating that the legislature contemplated that a governing body of a city has administrative as well as legislative functions, and they intended to limit referendum proceedings to legislative acts
  • holding that issuing bonds to finance construction of municipal electric plant and system was legislative in nature and subject to referendum
  • "'The crucial test for determining what is legislative and what is administrative is whether the ordinance is one making a new law, or one executing a law already in existence." (internal quotation marks omitted)

Written by the judges who cited it.

Distinguished

  • Distinguished by Wennerstrom v. City of Mesa, 169 Ariz. 485 (1991)

    Accordingly, Keigley and Lawrence are inapposite.
    Arizona Supreme CourtOct 24, 1991Read it

The opinion

MOFFAT, Chief Justice.

I concur in the result reached in the opinion of Mr. Justice McDONOUGH and in what is said by Mr. Justice LARSON in his opinion concurring in part and dissenting in part.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.