Fox v. Park City

A court’s review of a land use authority’s decision is limited to whether the decision is arbitrary, capricious, or illegal.

A decision is arbitrary or capricious if it not supported by substantial evidence found in the record of the proceeding.

A decision is illegal if it violates a law, statute, or ordinance in effect at the time the decision was made.

Any person adversely affected by a land use authority’s decision has the right to appeal that decision, but must follow the procedures established by statute, including any time limits to file the appeal.

The time period to file an appeal begins to run when the affected party receives actual or constructive notice that a land use decision has been made or a permit has been issued.

Full Text of Fox v. Park City