Court of Appeals of Utah
2005 UT App 565, 127 P.3d 1270
Review of a land use decision is limited to a determination of whether the decision is arbitrary, capricious, or illegal. A decision granting or denying a conditional use permit is arbitrary and capricious if it is not supported by substantial evidence. Substantial evidence is that quantum and quality of relevant evidence that is adequate to convince a reasonable mind to support the conclusion.
Illegality refers to a determination that the decision violates a statute, ordinance, or existing law.
While there is not impropriety in soliciting advice and input of neighboring landowners and other citizens, the consent of neighboring landowners cannot be a requirement for a conditional use permit.
In order to determine if a condition or regulation burdens property too far, thus constituting a taking, the landowner must first follow reasonable and necessary steps to allow the regulatory agencies to exercise discretion in considering development for the property. Until these ordinary processes have been followed, the extent of the restriction is not known, and a regulatory taking has not been established.