Case Summaries

Hatch v. Kane County

Utah Court of Appeals 2013 UT App 119 (Click for full text of Opinion) May 9, 2013           The Utah Court of Appeals upheld a decision of Kane County’s Board of Adjustment to deny a building permit to a property owner.  The Board had concluded that the property in question had been improperly subdivided, and was thus ineglible for a building permit. ...
May 9, 2013

Schroeder Investments, LC v. Edwards & UDOT

Supreme Court of Utah 2013 UT 25 (Click for full text of Opinion) May 3, 2013           The Utah Supreme Court considered an application of the “more necessary public use” provision of Utah’s eminent domain statute, and rejected an expanded version of the so-called “compatible use exception” to that provision.            Schroeder Investments hoped to develop its property but needed a...
May 6, 2013

Salt Lake County v. Butler, Crockett & Walsh Development Corp.

Utah Court of Appeals 2013 UT App 30  (Click for Full Text of Opinion) January 31, 2013           This case considered whether a party should be awarded attorney fees in an eminent domain action under the “bad faith fee statute,” Utah Code Ann. § 78B-5-825 or under § 78B-517 (abandonment of eminent domain proceedings).               The County sought to acquire...
February 4, 2013

Dean v. Park

Utah Court of Appeals 2012 UT App 349 (Click for Full Text of Opinion) December 13, 2012 This case confirmed and clarified aspects of the Boundary by Acquiesence Doctrine.  Because boundary by acquiescence alters the fee simple ownership of property (by altering property boundaries), a claim of boundary by acquiescence must be proven by clear and convincing evidence.  The party attempting...
December 18, 2012