Case Summaries

Northern Monticello Alliance v. San Juan County

Utah Court of Appeals May 21, 2020 2020 UT App 79 (Click for full text) ***Subsequent history: Further proceedings in this case resulted in an opinion by the Utah Supreme Court. Please see Northern Monticello Alliance v. San Juan County, 2022 UT 10. Background. A conditional use permit (CUP) was issued by the county Planning Commission for a wind farm...
May 21, 2020

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 18, 2020

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 8, 2020

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 8, 2020

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...
March 19, 2020

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...
February 28, 2020

Wallingford v. Moab City

2020 UT App 12 (January 24, 2020) (cert denied) The Utah Court of Appeals held that city, by adopting a zoning status agreement without public hearing, committed an unlawful act of contract zoning. A developer just outside of Moab proposed a mixed use residential, commercial, and hotel development. The landowner and City entered into a pre-annexation agreement to facilitate annexation...
January 24, 2020

Lech v. Jackson

United States 10th Circuit Court of Appeals 791 Fed. Appx. 711, 2019 U.S. App. LEXIS 32393 (cert denied) The 10th Circuit Court of Appeals held that the destruction of a home by police officers attempting to apprehend a criminal suspect was not a taking under the Fifth Amendment of the United States Constitution. The Lechs owned a home for their...
October 29, 2019

Metro. Water Dist. of Salt Lake & Sandy v. SHCH Alaska

2019 UT 62 (October 16, 2019) The Utah Supreme Court held that a water district, which owned an easement across land owned by a state trust, had no authority to regulate the trust’s use of its property. Metro Water District owns an easement across land owned by SHCH Alaska Trust (Alaska), which gives it a right to enter Alaska’s property...
October 26, 2019

WDIS v. Hi-Country Estates (WDIS I)

Utah Supreme Court August 13, 2019 2019 UT 45 (Click for full text)  ***Subsequent history. After remand from this opinion, a subsequent appeal was the subject of an additional opinion by the Utah Supreme Court. Please see WDIS v. Hi-Country Estates (WDIS II), 2022 UT 33 The Utah Supreme Court clarified two prior cases – In re Hoopiiaina Trust  and...
August 13, 2019