Case Summaries

New Case Summary – Tooele County v. Erda Community Association

Utah Court of Appeals 2022 UT App 123 (click for full text of opinion) The Utah Court of Appeals ruled for the dismissal of a community association’s judicial petition for review of a county’s administrative land use decision. The Court of Appeals held that the association had failed to exhaust its administrative remedies where the association itself had not filed...
November 14, 2022

New Case Summary – Salt Lake City v. Inland Port Authority

Utah Supreme Court 2022 UT 27 (Click for full text of opinion) The Utah Supreme Court held that certain zoning provisions of the Utah Inland Port Authority Act were not unconstitutional.  In 2018, the state legislature enacted the Utah Inland Port Authority Act to create an inland port in Utah, overseen by the Utah Inland Port Authority (UIPA), a newly...
June 29, 2022

New Case Summary – Ogden City Plaza Inv. v. Ogden City Board of Zoning Adjustment

Utah Court of Appeals 2022 UT App 74 (Click for full text of opinion) The Utah Court of Appeals held that a zoning board’s interpretation of its zoning ordinance prohibiting drive-in restaurants was incorrect. Ogden City Plaza Investors owns commercial property in the Central Business District (CBD) of Ogden City that featured a standalone building with a drive-through window that...
June 16, 2022

New Case Summary – Cardiff Wales v. Washington County School District

Utah Supreme Court 2022 UT 19 (Click for text of opinion) The Utah Supreme Court reversed the court of appeals’ ruling that in order for an acquisition of property to be made under a “threat of eminent domain” for purposes of right of first refusal, the government entity must have specifically authorized the use of eminent domain by approving an...
May 26, 2022

New Case Summary – South Weber City v. Cobblestone Resort

Utah Court of Appeals 2022 UT App 63 (Click for full text) The Utah Court of Appeals upheld an injunction against the ongoing use of an owner’s property for short-term rentals in the city’s agricultural zone as not qualifying for a legal nonconforming use against recent ordinance changes.  Background: In 2019, South Weber adopted an ordinance regulating short-term rentals (STR),...
May 12, 2022

New Case Summary – Huck v. Ken’s House LLC

Utah Court of Appeals 2022 UT App 64 (Click for full text of opinion) The Utah Court of Appeals upheld the dismissal of a boundary by acquiescence claim where the claimant did not produce clear and convincing evidence of each element of the claim.  In 2012, Mr. Huck bought a property in the Avenues neighborhood of Salt Lake City that...
May 12, 2022

New Case Summary – Northern Monticello Alliance v. San Juan County

Utah Supreme Court 2022 UT 10 (Click for full text) The Utah Supreme Court held that a third-party’s statutory right to appeal a land use decision did not inherently include a due process right to present evidence at the underlying administrative hearing. San Juan County granted a conditional use permit (CUP) to a wind farm, and following complaints by a...
February 24, 2022

New Case Summary – Lundahl Farms v. Nielsen

Utah Court of Appeals 2021 UT App 146 (Click for full text) The Utah Court of Appeals vacated the district court’s holding in a claim for boundary by acquiescence and remanded for further proceedings, concluding that the district court had made a number of mistakes in the fact finding process, inherently making its legal conclusions unsupportable, and making it impossible...
December 30, 2021

New Case Summary – Kiernan Family Draper v. Hidden Valley Health Centers

Utah Supreme Court 2021 UT 54 (Click for full text) The Utah Supreme Court upheld dismissal of a breach-of-contract claim for exceeding the scope of a contractual parking easement as beyond the 6-year statute of limitations for contracts, and concluded that in so limiting the claim, the court did not wrongfully grant an effectively greater easement interest than had been...
September 2, 2021

New Case Summary – Croft v. Morgan County

Utah Supreme Court 2021 UT 46 (Click for full text) The Utah Supreme Court clarified the procedural standards for a citizen challenge to a local land use law by referendum, holding that the citizens’ challenge to the denial of their referendum petition was properly filed in district court and not as an extraordinary writ to the Utah Supreme Court. A...
August 12, 2021