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 …
Advisory Opinion 262
Home/Search ResultsAdvisory Opinion 262Download PDF version Parties: Land Development Solutions, LLC / Apple Valley Issued: October 5, 2022 …Topic Categories: Compliance With Land Use Regulations Proceeding with Reasonable Diligence Requirements Imposed On Development Subdivision Plat Approval A previous landowner’s subdivision approval made years prior that was left abandoned before completion and recording was no longer valid for purposes of Developer’s …
Advisory Opinion 261
Home/Search ResultsAdvisory Opinion 261Download PDF version Parties: Fox Hollow of Providence, Inc. / Providence City Issued: October 5, 2022 …Topic Categories:Compliance With Land Use Regulations Development Bonds Interpretation of Ordinances Requirements Imposed On Development Subdivision Plat Approval Development agreements may not be mandated for all conventional subdivisions as the only option for developing property in the municipality. A plat approval …