New Case Summary – Metropolitan Water District v. Sorf

2023 UT App 146 (Dec 7, 2023) (click for full text of opinion) The Utah Court of Appeals refused to adopt a bright-line legal rule that the placement of any permanent structure inside an easement of definite dimensions conveyed by grant is unreasonable as a matter of law. The Metropolitan Water District is a governmental entity that acquired–by warranty deed–an …

New Case Summary – SRB Investment v. Spencer (SRB II)

Utah Court of Appeals, 2023 UT App 120 (October 5, 2023) (click for full text of opinion) The Utah Court of Appeals affirmed a trial court did not exceed remand instructions by the Utah Supreme Court in ruling that a servient estate landowner had only the right to make “reasonable, minor changes” to the location of a prescriptive easement across …

New Case Summary – C-B-K Ranch, LLC v. Thomas

Utah Court of Appeals 2023 UT App 110 (click for full text of opinion) The Utah Court of Appeals remanded a prescriptive easement case back to the district court, holding that the lower court applied the wrong legal standards in concluding that the easement holder had no right to replace a defective metal swing gate with an electronic gate. C-B-K …

New Case Summary – Bermes v. Summit County

Utah Court of Appeals 2023 UT App 94 (click for full text of opinion) The Utah Court of Appeals upheld the County’s denial of a homeowner’s requested special exception to ridgeline disturbance limits to build an additional accessory building on the same lot as his residence.  The county’s hillside stewardship zone, applicable to the property, provides a site grading provision …

New Case Summary – Six Blue Bison v. Alpine City

Utah Court of Appeals 2023 UT App 89 (click for full text of opinion) The Utah Court of Appeals upheld the City’s denial of a subdivision plat amendment to convert a private driveway to a public cul-de-sac with a non-public emergency access to proposed development in a neighboring city. Blue Bison owns the Summit Pointe Subdivision located in Alpine City, …

Advisory Opinion 266

Home/Search ResultsAdvisory Opinion 266Download PDF version Parties: Christensen Farms Lots LLC / Wasatch County Issued: March 24, 2023 …Topic Categories:Compliance with Land Use Regulations  Subdivision Plat Approval The county code’s requiring a development agreement for all “Large Scale” subdivisions did not violate state law’s prohibition on development agreements as the “only” option for development land within a county, because the …

Advisory Opinion 265

Home/Search ResultsAdvisory Opinion 265Download PDF version Parties: WDG Washington, LLC & Millcreek Partners, LLC / Washington City and Washington County Water Conservancy District Issued: March 22, 2023 …Topic Categories:Impact Fees Act We make the following conclusions on each of the eight questions raised: Habitat Conservation Impact Fee: Until and unless the City provides some sort of individualized determination that the …

New Case Summary – Utah Stream Access Coalition v. VR Acquisitions (USAC II)

Utah Supreme Court 2023 UT 9 (click for full text of opinion) May 18, 2023 *Prior history, Utah Stream Access Coalition v. VR Acquisitions (USAC I), 2019 UT 7 The Utah Supreme Court definitively settled a longstanding dispute regarding public access to riverbeds by determining that there is no constitutional protection for the public’s right to touch privately owned streambeds …

Advisory Opinion 264

Home/Search ResultsAdvisory Opinion 264Download PDF version Parties: Jerry Carroll / Spanish Fork City Issued: December 31, 2022 …Topic Categories:Exactions on Development A city may not impose an exaction requiring a property owner to improve and dedicate private property for some future public use as a condition of development approval when such future use is not occasioned by the development sought …

Advisory Opinion 263

Home/Search ResultsAdvisory Opinion 263Download PDF version Parties: Washington School House, LLC / Park City Issued: December 14, 2022 …Topic Categories:Conditional Use Applications  Interpretation of Ordinances  Nonconforming Uses & Structures  Substantive Land Use Review When an application proposes to change from a legal nonconforming use to some other defined land use, the government must review the proposal on its own merits …