Platt v. Town of Torrey

949 P.2d 325 (1997)

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Platt v. Town of Torrey

Utah Supreme Court
949 P.2d 325 (1997)

  • Written by Tammy Boggs, JD

Facts

The Town of Torrey (defendant) operated a municipal water system that provided water to both residents and nonresidents. Users paid for an initial hookup and then monthly user charges. Duane Platt and Donna Sall (collectively, Platt) (plaintiffs) lived just outside the town’s limits and obtained a residential connection to the town’s water supply. At one point, the town temporarily stopped providing nonresidential commercial hookups. However, Platt wanted to develop a commercial business on his property—a recreational-vehicle (RV) park—and negotiated with town officials for a commercial hookup. The town finally agreed, but only if Platt agreed to a higher rate structure applicable to nonresidents. Platt objected and operated his RV park using his existing residential hookup. The town shut down Platt’s water supply. Platt sued the town, challenging the fairness or reasonableness of charging different rates depending on whether a user was a town resident. The trial court upheld the differential rate schedule as valid and enforceable. Platt appealed.

Rule of Law

Issue

Holding and Reasoning (Howe, J.)

Dissent (Braithwaite, J.)

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