UFBDH V. DAVIS COUNTY CLEARK
175 P.3d 1036 (2007)
NATURE OF THE CASE: UFBDH (P) appealed a denial of attorney fees in its action for
declaratory relief and an injunction against Davis (D) about placing a revoke question on a
2002 ballot.
FACTS: In 2000, Davis County citizens voted on an opinion question that asked, 'Should
fluoride be added to the public water supplies within Davis County?' The addition of
fluoride was approved 52 to 48. Those opposed to fluoridation sought to have a revote on the
issue, circulating a petition among voters so that the identical opinion question from the
2000 general election would be on the ballot during the 2002 general election. P, a
nonprofit corporation organized to advocate for the public health benefits of fluoridation,
questioned the constitutionality of placing the revote question on the 2002 ballot. It
sought a declaratory judgment and injunctive relief against D. The district court found in
favor of P and against D. P motioned for an award of attorney fees pursuant to the private
attorney general doctrine, which the district court denied.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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