Dairy Product Services, Inc. v. City of Wellsville

Utah Supreme Court
2000 UT 81, 13 P.3d 581

Cities have been granted a “general welfare” authority, to promote the well-being, peace, health, and safety of its citizens, and protection of property. Cities may enact ordinances reasonably related to the objectives of this authority.

Cities have authority to declare what constitutes a nuisance, to abate nuisances, and to impose fines upon those who cause nuisances to exist. Cities may regulate “offensive businesses” up to one mile beyond their boundaries.

Cities may regulate businesses through licensing. A city may revoke a license, and the revocation may be reviewed to determine if the action was arbitrary, capricious, or illegal, based on the record of the proceedings

Due process is not a technical conception with a fixed content. The minimum requirements for due process are adequate notice and an opportunity to be heard in a meaningful manner.

Full Text of Dairy Product Services, Inc. v. Wellsville