Western Land Equities v. City of Logan

Utah Supreme Court
617 P.2d 388 (Utah 1980)

An owner of property holds it subject to zoning ordinances enacted pursuant to a locality’s police power.

An applicant for subdivision approval or a building permit is entitled to favorable action if the application conforms to the zoning ordinance in place at the time of the application, unless changes in the zoning ordinance are pending which would prohibit the use applied for, or unless there are compelling, countervailing reasons to deny the application.

An applicant for approval of a planned and permitted use should not be subject to shifting policies that do not reflect serious public concerns. It is incumbent on a local government to act in good faith and not reject an application to simply substitute the judgment of current officials for that of their precedessors.

Full Text of Western Land Equities v. City of Logan