# Marshall v. Salt Lake City

> Utah Supreme Court · September 25, 1943 · 105 Utah 111

URL: https://www.frixlaw.com/law-library/cases/3987149

## Case

- **Full name:** MARSHALL v. SALT LAKE CITY Et Al.
- **Court:** Utah Supreme Court
- **Decided:** September 25, 1943
- **Citations:** 105 Utah 111; 141 P.2d 704; 149 A.L.R. 282; 1943 Utah LEXIS 9
- **Precedential status:** Published
- **Opinion:** Concurrence by McDONOUGH
- **Judges:** Larson, McDonough, Moffat, Faust, Wolfe, Pratt'
- **Cited by:** 33 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3987149

## How later opinions describe it (automated extraction)

- stating, in reviewing a legislative zoning action: "If a [zoning] classification is reasonably doubtful, the judgment of the court will not be substituted for the judgment of the city." (emphasis added)
- noting that accountability for balancing competing interests in zoning decisions properly resides in the "governing body of the city"

## Opinion text

McDONOUGH, Justice
(concurring in the result).
I concur in the result. The designation of the described tracts at the intersecting through highways, as described in the opinion of Mr. Justice LARSON, as Zone “C” Districts, cannot be said as a matter1 of law not to have been made in accordance with a “comprehensive plan” designed “to promote the health and general welfare;” nor can it be said not to have been done with reasonable consideration of the character of the district in question and its peculiar suitability for the particular uses to which the ordinance permitted it to be devoted. This being so, it is not our province to interfere with the legislative discretion which placed such districts in that particular zone.
I concur in what is said in the opinion relative to the second cause of action.
MOFFAT, J., and FAUST, District Judge, concur in the result.
WOLFE, C. J., not participating.
PRATT', Justice, on leave of absence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3987149. Public record. Not legal advice.