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 …
Fuller v. Springville City
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 …
Horne v. Dept. of Agriculture
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 …
Settlers Landing, LLC v. West Haven Special Service District
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 …
Hodgson v. Farmington City II
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 …
T-Mobile South v. Roswell
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 …
Cook v. Bell
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 …
Martin v. Rasmussen
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, …
Hodgson v. Farmington City
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 …
Spanish Fork v. Evans Grader & Paving
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 …