Case Summaries

New Case Summary – Staker v. Town of Springdale

Utah Court of Appeals 2020 UT App 174 (December 31, 2020) The Utah Court of Appeals upheld the Town’s denial of a conditional use permit for a parking under the Town’s standard that the proposed use not “unreasonably interfere with the lawful use of surrounding properties.” The Court of Appeals found that the Town had not misinterpreted “lawful use” to...
July 22, 2021
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New Case Summary – Linebaugh v. Gibson

Utah Court of Appeals 2020 UT App 108 (July 16, 2020) The Utah Court of Appeals overturned the lower court’s denial of a boundary by acquiescence claim that concluded the landowner could not have acquiesced to a fence as a boundary because the landowner’s intent was that the fence be built for animal containment and not as a boundary.  In...
July 21, 2021
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New Case Summary – Salt Lake City v. Kunz

2020 UT App 139 (October 16, 2020) The Utah Court of Appeals affirmed the dismissal of Salt Lake City’s condemnation case seeking to acquire air rights over defendants’ property as an avigation easement in connection for a runway for one of its airports. While the Court held that the City had extraterritorial eminent domain power to condemn property outside of...
May 10, 2021
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New Case Summary – UDOT v. Coalt, Inc.

2020 UT 58 (August 17, 2020) The Utah Supreme Court affirmed a lower court decision that UDOT’s condemnation of land to mitigate environmental impacts of a transportation project was made under proper authority, regardless that the decision to condemn resulted from a settlement agreement to litigation over the project. The Court additionally reversed the lower court’s decision that the project’s...
May 10, 2021
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New Case Summary – Salt Lake City Corp. v. Haik

2020 UT 29 (May 18, 2020) Background. Owners of undeveloped land located outside of the incorporated boundaries of Salt Lake City (the “city”), but within the city’s approved water-service area, sought to have the city provide water services.  The city, disputing its obligation to provide water to a subdivision not within its boundaries, brought declaratory action to determine the landowners’...
May 10, 2021
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New Case Summary – Northern Monticello Alliance v. San Juan County

2020 UT App 79 (May 21, 2020), cert granted (Nov 24, 2020) Background. A conditional use permit (CUP) was issued by the county Planning Commission for a wind farm project owned by Sustainable Power Group (sPower). A group of nearby property owners formed the Northern Monticello Alliance (NMA) to oppose the wind farm. After receiving complaints, the Planning Commission held...
May 10, 2021
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New Case Summary – SRB Investment v. Spencer

2020 UT 23 (May 8, 2020) Background. SRB Investment Co. (SRB) purchased property to use as a cabin vacation spot for its members. Access to the property by prescriptive easement across the Spencer property had been established by the previous owner for ranching and farming purposes. When SRB began using the easement to access their property for recreational use, the...
May 10, 2021
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New Case Summary – Harrison v. SPAH Family Ltd.

2020 UT 22 (May 8, 2020) Background. Since August 1996 a family used a road that went across a neighboring property, to access their cabin property. In June 2016, the landowner of the neighboring property told the family that they could no longer use the road and attempted to block access to it. However, the family continued to use the...
May 10, 2021
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New Case Summary – LD III LLC v. Mapleton City

2020 UT App 41 The Utah Court of Appeals held that a development agreement was unambiguous as to transferable development rights and that the city’s rezoning of the property was a legislative act and was validly reversed by referendum.  A developer (original developer) entered into a development agreement with Mapleton City regarding 245 acres of undeveloped real estate on Mapleton’s...
May 10, 2021
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New Case Summary – UDOT v. Target Corp.

2020 UT 10 (February 28, 2020) The Utah Supreme Court clarified prior cases regarding severance damages in partial takings and held that a berm supporting a freeway overpass constituted an “improvement” in statute justifying a jury award of severance damages. UDOT’s project to widen I-15 and replace an existing interchange resulted in the taking of a small portion of property...
May 10, 2021
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