Utah Court of Appeals January 24, 2014 2014 UT App 19 (Click for Full Text) ***Subsequent history: Further proceedings in this case resulted in the issuance of an opinion by the Utah Supreme Court. Please see Q-2, LLC v. Hughes, 2016 UT 8. This decision establishes that title to disputed property passes when the elements of boundary by acquiescence are established, …
Krejci v. Saratoga Springs
Utah Supreme Court 2013 UT 74 (Click for full text) Filed: December 10, 2013 The Utah Supreme Court issued this opinion explaining its reasons for ordering that a referendum to overturn a zoning decision be placed on the ballot for the 2013 municipal elections. At the request of the property owner, Saratoga Springs adopted a “site specific” rezoning in 2012. The …
Van Denburgh v. Sweeney Land Co.
Utah Court of Appeals 2013 UT App 265 Filed: November 7, 2013 The Court of Appeals reviewed a claim that a property owner had acquired a prescriptive easement on a neighboring property. In the decision, the Court reiterated some of the important factors relevant to establishing a prescriptive easement. To establish a prescriptive easement, a party must show all elements …
Olsen v. Park City
Utah Court of Appeals 2013 UT App 262 Filed: November 7, 2013 The Court of Appeals held that “enactment” in § 801 of LUDMA includes all actions needed for an ordinance to become valid. This means that the time to appeal an ordinance adopted by a local government will begin to run from the date the final action is taken …
Delta Canal Co. v. Frank Vincent Family Ranch, LC
Utah Supreme Court 2013 UT 54 (Click here for full text of Opinion) August 16, 2013 The Utah Supreme Court clarified rules pertaining to partial forfeiture and partial abandonment of water rights. The Court reasserted long-standing precedent that water rights may be partially forfeited through non-use. Utah Statutes apparently did not include partial forfeiture until 2002, …
Koontz v. St. Johns River Water Management District
Supreme Court of the United States Koontz v. St. Johns River Water Management District (Click for full text of Opinion) June 25, 2013 A property owner sought approval to develop land that was subject to wetland regulation by the water district. The developer offered to offset the impact on the wetlands with a conservation easement. However, the district rejected the …
Johnson v. Weber County
Utah Court of Appeals 2013 UT App 121 (Click for full text of Opinion) May 16, 2013 The Utah Court of Appeals upheld a county’s determination that a private school serving students with specific needs met the county’s definition of “school,” and was thus a permitted use. The case concerned a proposed private school, Green Valley Academy, which serves …
Hatch v. Kane County
Utah Court of Appeals 2013 UT App 119 (Click for full text of Opinion) May 9, 2013 The Utah Court of Appeals upheld a decision of Kane County’s Board of Adjustment to deny a building permit to a property owner. The Board had concluded that the property in question had been improperly subdivided, and was thus ineglible for a building permit. …
Schroeder Investments, LC v. Edwards & UDOT
Supreme Court of Utah 2013 UT 25 (Click for full text of Opinion) May 3, 2013 The Utah Supreme Court considered an application of the “more necessary public use” provision of Utah’s eminent domain statute, and rejected an expanded version of the so-called “compatible use exception” to that provision. Schroeder Investments hoped to develop its property but needed a …
Salt Lake County v. Butler, Crockett & Walsh Development Corp.
Utah Court of Appeals 2013 UT App 30 (Click for Full Text of Opinion) January 31, 2013 This case considered whether a party should be awarded attorney fees in an eminent domain action under the “bad faith fee statute,” Utah Code Ann. § 78B-5-825 or under § 78B-517 (abandonment of eminent domain proceedings). The County sought to acquire …
