# Call v. City of West Jordan

> Utah Supreme Court · December 26, 1979 · 606 P.2d 217

URL: https://www.frixlaw.com/law-library/cases/9537543

## Case

- **Full name:** John CALL and Clark Jenkins, Plaintiffs and Appellants, v. CITY OF WEST JORDAN, Utah, Defendant and Respondent
- **Court:** Utah Supreme Court
- **Decided:** December 26, 1979
- **Citations:** 606 P.2d 217; 1979 Utah LEXIS 969
- **Precedential status:** Published
- **Opinion:** Concurrence by Stewart
- **Judges:** Crockett, Stewart, Hall, Maughan, Wilkins
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Modified by Call v. City of West Jordan, 1980 Utah LEXIS 1112 (1980).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9537543

## How later opinions describe it (automated extraction)

- affirming use of the reasonable relation test

## Opinion text

STEWART, Justice
(concurring).
I concur in the conclusion that § 9-C-8(a) of the ordinance of the City of West Jordan is authorized by § 10-8-84 U.C.A. (1953), as amended. This statute delegates to cities general police power to be used for the benefit of the city and its inhabitants. However, the ordinance in question clearly approaches constitutionally protected rights, i. e., the prohibition against the taking of private property without just compensation. The power of a city, or for that matter of the state, to require subdividers to dedicate a portion of their land for public improvements is not without limitation. In my judgment, the Court should address the problem of what standards delineate a constitutional and an unconstitutional forced dedication by a subdivider. The question is certainly one that will recur and ought to be resolved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9537543. Public record. Not legal advice.