Case Summaries

Utah Supreme Court November 28, 2018 2018 UT 59 (Click for text of opinion) The Utah Supreme Court affirmed the district court’s ruling that a resolution to amend a site development master plan was referable, whereas a resolution to amend a development agreement made in relation to the site development master plan was not referable.  A developer purchased the land...

Utah Supreme Court September 25, 2018 2018 UT 54 (Click for text of opinion) In this case, the Utah Supreme Court held that a tenant has no protectable property right entitling it to an award for just compensation when its lease terminates upon a condemnation. The Utah Department of Transportation (“UDOT”) condemned an access to a shopping center where Kmart leased...

Utah Court of Appeals June 21, 2018 2018 UT App 127 (Click for text of opinion) The Utah Court of Appeals upheld Herriman City’s (“Herriman” or the “City”) denial of a request for nonconforming use status relating to the operation of a topsoil business. The Mascaros have operated a topsoil business on property they have owned since 1979. Herriman annexed this...

Utah Court of Appeals March 22, 2018 2018 UT App 48 (Click for text of opinion) The Utah Court of Appeals upheld Providence City’s (“Providence” or the “City”) determination that Chris and Sandra Checketts’ home business violated several land use ordinances. In addition, the appeals court determined that the district court improperly awarded attorneys’ fees to the City under the Office...

Utah Court of Appeals October 13, 2017 2017 UT App 190 (Click for text of opinion) The Utah Court of Appeals upheld a city’s decision to deny an application to amend a plat in this case. The Bakers own a lot in a subdivision in Park City, Utah. Their lot is one of two lots out of over 100 in the...

Utah Court of Appeals February 8, 2018 2018 UT App 24 (Click for text of opinion) ***Subsequent history: Further proceedings in this case resulted in an opinion by the Utah Supreme Court. Please see UDOT v. Target Corp., 2020 UT 10. The Utah Court of Appeals upheld a jury award in favor of Target Corporation and Weingarten/Miller/American Fork LLC (collectively, the...

Utah Supreme Court October 23, 2017 2017 UT 74 (Click for text of opinion) The Utah Supreme Court upheld Salt Lake City’s (“Salt Lake” or the “City”) decision to deny Outfront Media’s (“CBS”) request to relocate its billboard.** CBS applied to relocate its billboard to an adjacent lot along I-15 in Salt Lake because its ground lease was about to expire....

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...