Case Summaries

Utah Court of Appeals March 5, 2015 2015 UT App 54 (Click for full text of opinion) The Utah Court of Appeals concluded that the rates charged by a Special Service District were reasonable, and that the district was not obligated to distinguish between different types of residential users. The West Haven Special Service District (“District”) provides municipal sewer service to...

Utah Court of Appeals February 26, 2015 2015 UT App 43 (Click for full text of opinion) In a second appeal involving the City’s actions requiring demolition of a structure, the Utah Court of Appeals upheld a trial court’s determination that the structure was unsafe and that demolition was authorized. In a decision dated August of 2014,  (See 2014 UT App 188) the Court upheld the...

United States Supreme Court January 15, 2015 2015 US Lexis 612 (Click for text of Opinion) The United States Supreme Court interpreted the Telecommunications Act of 1996, holding that a local government government must state its reasons for denying an application to build a cell tower. The Act provides that a cell tower permit may be denied only if the denial supported...

Utah Supreme Court  October 24  2014 2014 UT 46  (Click for full text of Opinion) The Utah Supreme Court upheld statutory limits on the number of signatures and the time to complete a petition for an initiative. The Utah Constitution provides that the people of the State may enact laws by initiative (and repeal legislative acts by referendum). The same constitutional provision...

Utah Court of Appeals August 21, 2014 2014 UT App 200 (Click for full text of Opinion) This case arose from a proposed settlement of a boundary dispute.  The parties own adjoining lots in a subdivision.  A fence had been constructed about five feet from the actual lot line, increasing one lot while diminishing the other.  The dispute became quite heated,...

Utah Court of Appeals August 7, 2014 2014 UT App 188 (Click for full text of opinion) The Utah Court of Appeals upheld a City’s decision that a barn was unsafe and required repair or demolition.  The barn has also been used as a billboard for several years, but had deteriorated to the point that the City decided to act.  The owners...

Utah Court of Appeals July 31, 2014 2014 UT App 178  (Click for full text of opinion) The Utah Court of Appeals upheld a City’s action to remove a sign erected without obtaining all required approvals.  The City obtained a summary judgment (without a full trial), and the business appealed. The business requested permission to install a billboard on its premises.  The City granted a...

Utah Court of Appeals 2014 UT App 155 July 3, 2014  (Full Text of Green v. Brown v. Weber County) The Utah Court of Appeals confirmed that the time to appeal a land use decision begins to run from the date that a person receives actual or constructive notice of the decision. Brown and Green own adjoining lots in a...

Utah Court of Appeals June 26, 2014 2014 UT App 151 (Click for full text of opinion) ***Subsequent history: Further proceedings in this case resulted in an opinion by the Utah Supreme Court. Please see Anderson v. Fautin, 2016 UT 22. The Utah Court of Appeals concluded that an owner’s silence or inactivity does not defeat a boundary by acquiescence claim...

Utah Supreme Court June 24, 2014 2014 UT 24 (Click for full text of opinion) The Utah Supreme Court recognized that the limits of what constitutes a “public use” have not been clearly identified, and remanded this matter back to the District Court so the parties may have an opportunity to brief and argue that question. Using eminent domain, UDOT acquired 15...