Recent Court Case Summaries

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...

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...

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...

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...

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....

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...

Utah Supreme Court 2019 UT 7 (Click for text of opinion) February 20, 2019 **Subsequent history: following remand from this decision, a second appeal resulted in a subsequent Utah Supreme Court decision – Utah Stream Access Coalition v. VR Acquisitions (USAC II), 2023 UT 9. The Utah Supreme Court clarified that its decision in Conatser v. Johnson, recognizing a public...

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...

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...

Utah Court of Appeals November 8, 2018 2018 UT App 213 (Click for text of opinion) The Utah Court of Appeals declined to overturn a trial court’s determination of value in a condemnation action in this case. The Utah Department of Transportation (“UDOT”) filed an action to condemn a portion of property owned by multiple parties (collectively, “LEJ”).  After hearing evidence,...