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How Do I Appeal a Decision That Affects My Property?
In general, decisions of local governments that impact property owners may be appealed. The method of appeal depends upon the nature of the decision and who is involved. Local ordinances, state statutes, and even federal laws affect appellate rights. These statutes should be carefully consulted when an appeal is considered. If you are considering an appeal of a land use decision, it is advisable to consult an attorney experienced in land use appeals.   (See Do I Need an Attorney?)

Can I Appeal a Land Use Decision?
An applicant or property owner generally has the right to appeal a decision that directly impacts the application or property. In some cases, neighboring property owners also have the right to appeal, even if the decision is favorable to the applicant. Finally, if constitutional rights are violated, any person affected by the decision may have a right challenge the decision.

How Much Time Do I Have to Begin an Appeal?
In most land use decisions, the deadline for filing appeals is determined by statute or ordinance. If the deadline is missed, the appeal cannot proceed. The time frame may be different in cases involving constitutional rights or certain federal statutes. If you are considering an appeal, it is vitally important that you begin the process before the deadline has passed. Once the deadline passes, the right to appeal is usually lost, even if the land use decision is incorrect or illegal. The safest course is to consult an attorney or contact the Office of the Property Rights Ombudsman as soon as possible once the decision has issued.

Who Should I Appeal To?
The procedure for appeals is usually dictated by an ordinance or statute. It is important to remember, however, that the procedure must be followed. This is known as "exhaustion of administrative remedies." If a statute requires that an appeal must first be taken to a board of adjustment, for example, it cannot be filed in court until the board has made a decision. Failure to follow the required process may be grounds to dismiss the appeal.

• Routine Application of Zoning Ordinances

  State law calls for an "appeal authority" to consider appeals of how a zoning ordinance is interpreted or applied. (See §§ 10-9a-701 (municipalities) and 17-27a-701(counties)). An appeal authority may be a board of adjustment, appeals board, or a hearing officer.

  Local ordinances may establish a review process of decisions such as conditional uses. This process must be followed before a decision can be appealed by a state district court.

• Takings Claims

  State law requires that local governments have a process by which property owners may appeal actions that raise constitutional takings issues.   (See Utah Code Ann. § 63-90a-4).   An appeal using this process is not required, however, and a claim may be filed directly in a court.

• Legislative Decisions and Ordinance Changes

  Appeals of decisions by a legislative body, such as a zoning change, may be appealed to the state district court. Any affected person may appeal, which must be filed within thirty (30) days of the decision.

• Appeal Authority Decisions (Including Variances)

  Decisions of the appeal authority, including variances, may be appealed to the state district court. Any affected person may appeal, which must be filed within thirty (30) days of the decision.

• Building and Health Codes

  Local governments often have boards to consider appeals of building and health code interpretations. If such a board is in place, an appeal may need to start there.

These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.