Case Summaries

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

Bridge BLOQ NAC LLC v. Sorf

2019 UT App 132, 447 P.3d 1278 (Aug. 1, 2019)  The Utah Court of Appeals adopted a test for defining the scope of an implied easement, which is determined by looking at the parties’ probable expectations at the time of severance. Bridge and Sorf own adjoining properties separated by a paved alley. The alley is on Bridge’s property. Both properties...
August 1, 2019

Knick v. Twp. of Scott

139 S. Ct. 2162, 204 L. Ed. 2d 558 (June 21, 2019)  The United States Supreme Court overruled its prior decision in Williamson County Regional Planning Comm’n v. Hamilton Bank (1985), which concluded that a property owner did not have a ripe federal takings claim until he had unsuccessfully pursued an initial state law claim for just compensation. A Pennsylvania...
June 21, 2019

Metro. Water Dist. of Salt Lake & Sandy v. Sorf

2019 UT 23, 445 P.3d 443 (June 11, 2019) The Utah Supreme Court held that a claim of unreasonable interference with a water district’s easement over private party was ripe for adjudication. Metro owns and operates the Salt Lake Aqueduct (SLA), and along its corridor, owns some property in fee and has easements over other portions. Mr. Sorf owns property...
June 11, 2019

Ferre v. Salt Lake City

2019 UT App 94, 444 P.3d 567 (May 31, 2019) (cert. denied)  The Utah Court of Appeals upheld a judgment in favor of Salt Lake City in allowing a special exception for construction of a two-story house that exceeded Salt Lake City Code’s maximum height allowance. A house began construction on the lot directly south of homeowner Jeremy Ferre’s property....
May 31, 2019

Farley v. Utah County

2019 UT App 45, 440 P.3d 856 (March 28, 2019) The Utah Court of Appeals affirmed summary judgment for Utah County’s approval of an application for an agricultural protection area subject to certain modification requests that excluded challenged portions from the agriculture protection area. The Farleys are landowners in Utah County, and submitted an application requesting the creation of an...
March 28, 2019

Utah Stream Access Coal. v. VR Acquisitions, LLC

Utah Supreme Court February 20, 2019 2019 UT 7 (Click for text of opinion) The Utah Supreme Court clarified that its decision in Conatser v. Johnson, recognizing a public easement right to touch privately owned beds of state waters incidental to recreation, was based on common law which can be overridden by statute, and was not a constitutional right. Conatser...
February 20, 2019

Kilgore Companies v. Utah County Board of Adjustments

Utah Court of Appeals February 7, 2019 2019 UT App 20 (Click for text of opinion) The Utah Court of Appeals affirmed the district court in setting aside a county’s denial of a conditional use permit to build silos that were taller than otherwise permitted by ordinance. Kilgore operates an asphalt batch plant in a mining and grazing zone of...
February 7, 2019

Maralex Res., Inc. v. Barnhardt

United States Court of Appeals, Tenth Circuit January 18, 2019 913 F.3d 1189 (Click for text of opinion) The Tenth Circuit Court of the United States held that the “Inspection” provision, 30 U.S.C.S. § 1718(b) of the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), did not provide authority for the Bureau of Land Management (BLM) to require...
January 18, 2019