Case Summaries

Several real estate developers sued the City of West Jordan alleging the City violated the Utah Impact Fees Act by failing to spend fees collected from the developers on specified categories of expenditures within six years. The developers sought to have misspent or unspent fees refunded because the violation either constituted an unconstitutional taking or created entitlement to a refund...

Utah Supreme Court September 21, 2017 2017 UT 65 (Click for text of opinion) In this case, the Utah Supreme Court clarified that it would review the lower court’s decision, not the land use authority’s decision, on appeal from the district court. In addition, the Supreme Court instructed the district court to remand the case back to the land use authority...

Utah Supreme Court August 1, 2017 2017 UT 42 (Click for text of opinion) The Utah Supreme Court upheld the district court’s rulings concluding that Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreation Fonds (collectively, “Stichting”) did not have the right to use a mining road on Flagstaff Mountain near Park City. Stichting holds title to mining claims dating back to...

Utah Court of Appeals May 4, 2017 2017 UT App 75 (Click for text of opinion) The Utah Court of Appeals upheld the land use variance and road vacation by Big Water Town. The record included findings and substantial evidence sufficient to support the variance, and the complainant lacked standing to contest the vacation. The Hydes own two adjacent lots...

Utah Court of Appeals June 16, 2016 2016 UT App 126 (Click for text of opinion) In this case, the Utah Court of Appeals held that a district court has the authority to limit the width of a right-of-way established by use solely based on the road’s historic use and that the court does not need to consider the future use...

Utah Supreme Court May 31, 2016 2016 UT 22 (Click for text of opinion) In this case, the Utah Supreme Court clarified that in a boundary by acquiescence dispute only the claimant must occupy his or her property up to the new boundary line. The court also outlined the policy reasons behind this clarification of the boundary by acquiescence doctrine. Anderson...

Utah Supreme Court March 24, 2016 2016 UT 15 (Click for text of opinion) The Utah Supreme Court invalidated a condemnation by Salt Lake City (“Salt Lake” or the “City”) of land owned by Evans Development Group (“Evans”) in this case. Salt Lake needed a parcel of property owned by Rocky Mountain Power to complete a public works project.  Rocky Mountain...

Utah Supreme Court February 16, 2016 2016 UT 8 (Click for text of opinion) In this case, the Utah Supreme Court held that title to property passes by operation of law when the elements of boundary by acquiescence are met. The Hugheses owned property adjacent to property owned by Q-2 L.L.C. (“Q-2”) in Syracuse, Utah. An old fence had served as...

Utah Court of Appeals July 16, 2015 2015 UT App 177 (Click for text of opinion) The Utah Court of Appeals emphasized that a property owner must establish that a use was “legally established” under previous ordinances before it can be considered for nonconforming use status. The Fullers own a home which has a separate apartment in the basement. They state...

United States Supreme Court June 22, 2015 (No. 14-275) Full Text of Opinion The U.S. Supreme Court held that a Department of Agriculture regulation which required raisin farmers to transfer a portion of their crop to the Federal Government was a taking under the Fifth Amendment. The purpose of the regulation was to help stabilize the market for raisins.  Growers...