Land Use Appeals Cases

Bradley v. Payson City-Standards of review for legislative and administrative decisions.

Cedar Mountain Environmental v. Tooele County–Standing requirements under LUDMA are the same as traditional and alternative standing tests.

City of Grantsville v. Tooele City–Establishing standing, or the right to pursue a claim in court.

Dairy Products Services, Inc. v. City of Wellsville–City authority to regulate and abate nuisances through licensing.

Davis County v. Clearfield City–Denial of Conditional Use Permit is arbitrary when it is not supported by substantial evidence.

Fox v. Park CityAppellate review of land use decisions, what makes a decision arbitrary, capricious, or illegal.

Gillmor v. Summit County–Appeal of land use decision may include any challenge to the decision or the law’s validity.

Hogs R Us v. Town of Fairfield–Road maintenance decisions were within the sole discretion of town.

Krejci v. Saratoga Springs–Zoning ordinances may be subject to initiative and referenda.

Olsen v. Park CityAppeal period begins to run when all required administrative actions have been completed. 

Pacific West Communities v. City of Grantsville–Issues and evidence not presented in administrative hearings will not be considered by a court.

Patterson v. American Fork-Administrative remedies must be exhausted before a land use decision may be challenged in court.

Pen & Ink, LLC v. Alpine City–Review of land use decisions by district and appellate courts

Petersen v. Riverton City-Discussion of appeals and right to file lawsuit to pursue claims arising from a land use decision.

Salt Lake City Mission v. Salt Lake City–Administrative remedies must be exhausted before a land use decision may be challenged in court.