Utah Court of Appeals 2021 UT App 146 (Click for full text) The Utah Court of Appeals vacated the district court’s holding in a claim for boundary by acquiescence and remanded for further proceedings, concluding that the district court had made a number of mistakes in the fact finding process, inherently making its legal conclusions unsupportable, and making it impossible …

Utah Supreme Court 2021 UT 54 (Click for full text) The Utah Supreme Court upheld dismissal of a breach-of-contract claim for exceeding the scope of a contractual parking easement as beyond the 6-year statute of limitations for contracts, and concluded that in so limiting the claim, the court did not wrongfully grant an effectively greater easement interest than had been …

Utah Supreme Court 2021 UT 48 (click for full text of opinion) In this government records appeal case, the Utah Supreme Court held that a statutory claimant must have statutory standing, and the presence of traditional or alternative standing will not cure a statutory deficiency. (The Court’s holding in this case likely has relevant application to other statutory standing processes …

Utah Supreme Court 2021 UT 46 (Click for full text) The Utah Supreme Court clarified the procedural standards for a citizen challenge to a local land use law by referendum, holding that the citizens’ challenge to the denial of their referendum petition was properly filed in district court and not as an extraordinary writ to the Utah Supreme Court. A …

United States 10th Circuit Court of Appeals 6 F.4th 1216 (click for full text of opinion) The 10th Circuit denied a regulatory takings claim under the 5th amendment of the federal constitution as unripe because despite the City’s denial of a rezone application, the property owner had not alternatively sought a planned development review that would have otherwise allowed the …

Utah Court of Appeals 2021 UT App 76 (Click for full text) The Utah Court of Appeals reversed the district court’s dismissal of a suit to recognize a prescriptive easement.  Background: A developer recently purchased two contiguous parcels of property (“Property”) on the northwest corner of 200 South and State Street, which is occupied by a fast-food restaurant and a …

Utah Supreme Court 2021 UT 23 (Click for full text). The Utah Supreme Court reversed the decision of the district court excluding the introduction of an affidavit as evidence for containing privileged mediation statements because the court unreasonably excluded the affidavit in its entirety, when it could have admitted a redacted version that omitted any statements considered privileged mediation communications. …

United States Supreme Court 594 U.S. __ (2021). Click for full text Background In 1975, California enacted the Agricultural Labor Relations Act (“ALRA”), which, among other things, created the Agricultural Labor Relations Board (“the Board”). The Board enacted a regulation allowing union organizers access to agricultural employees at employer worksites under specific circumstances. Cedar Point Nursery operates a nursery that …

Utah Court of Appeals 2021 UT App 54 (Click for full text) The Utah Court of Appeals affirmed the district court’s decision regarding a residential boundary line which had been acquired by acquiescence.  Background. The Jensen property and the Hansen property share a deeded boundary line running north and south. In 1977 and 1983 — respectively — former owners of …

Utah Court of Appeals 2021 UT App 47 (Click for full text) The Utah Court of Appeals ruled that a property owner was not barred from challenging a stop-work notice that was previously the subject of court action litigated only between the County and a third-party neighbor, whereas the property owner had not been joined as a party to that …