Parker v. Provo City Corp., 14087
| Decision Date | 11 December 1975 |
| Docket Number | No. 14087,14087 |
| Parties | Walt PARKER, dba Lindon Disposal Service, Plaintiff and Appellant, v. PROVO CITY CORPORATION, a Municipal Corporation, Defendant and Respondent. |
| Court | Utah Supreme Court |
Leon A. Halgren, Ryberg, McCoy & Halgren, Salt Lake City, for plaintiff and appellant.
Glen J. Ellis, Provo, for defendant and respondent.
Plaintiff Parker is in the business of collecting and hauling waste material from private premises of customers within the corporate limits of Provo City. No objection is made to plaintiff's license, equipment, or qualifications as a collector of such. Defendant City took steps to prevent plaintiff from engaging in this business within the corporate limits, claiming that under its ordinance it had power to do so. Plaintiff filed suit under the Declaratory Judgment Act and the trial court held that defendant had no such power. Whereupon, defendant amended its ordinance, a second hearing was had, and the trial court held that under the amended ordinance defendant had the power to prohibit others from engaging in the business of hauling waste matter, commercially or for hire. From that judgment plaintiff appeals. We reverse.
The ordinance applicable to the first hearing (18.04.220, Rev.Ord. of Provo City) reads:
It shall be unlawful for any person, firm, or corporation, other than the waste removal department of Provo City, to collect, remove or dispose of garbage in Provo City on a commercial basis or for hire.
That same section of the amended ordinance reads:
It shall be unlawful for any person, firm, or corporation, other than the waste removal department of Provo City, to collect, remove, or dispose of garbage, or waste matter, within the limits of Provo City on a commercial basis or for hire.
The waste material involved here is shown to be corrugated cardboard, sawdust lumber scraps, plastic wrappings, packing material of various natures, paper, tin cans, bottles, some paint and varnish containers and general rubbish. Nowhere in the record do we find that this waste is garbage, kitchen refuse, or a by-product which may be deemed delecterious to the public health. The definition section of the subject ordinance makes a definite distinction between garbage and waste.
A municipality has only such powers as are expressly granted it by the legislature, such as may be necessarily implied and incident to those expressly granted, and those indispensable to the accomplishment of the declared objects and purposes of the municipality; but where any fair, reasonable, substantial doubt exists, such doubt is resolved against the municipality. 1
Defendant, if it has the claimed power, takes it from the provisions of 10--8--61, U.C.A.1953, 2 expressly, or by implication, or because it is indispensable to the attainment of its purposes...
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State v. Hutchinson
...against the city, and the power should be denied. (Emphasis added.) (106 Utah at 520; 150 P.2d at 774.) See also Parker v. Provo City Corporation, Utah, 543 P.2d 769 (1975). But the Court has also ignored the rule on occasion without attempting to distinguish it or overrule it. For instance......
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...regulations similar to the ordinance at issue here impermissibly interfered with the property rights of landfill owners. Parker v. Provo City, 543 P.2d 769 (Utah 1975); Acme Disposal Corp. v. Southeast Berrien County Landfill Authority, Case No. 75-2130-CE (Mich.Ct.App. Oct. 23, 1975); Thom......
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