Advisory Opinion 270

Home/Search ResultsAdvisory Opinion 270Download PDF version Parties: Yard AF, LLC; American Fork Issued: June 6, 2023 …Topic Categories:Impact Fees The City may require an apartment developer to pay an additional nearly $150,000 in additional impact fees that were miscalculated by the city and originally paid over a year ago. The city ordinances require that correct impact fees “in effect” be …

Advisory Opinion 269

Home/Search ResultsAdvisory Opinion 269Download PDF version Parties: Blaine K. Andersen; Hyrum City Issued: June 6, 2023 …Topic Categories:TOPIC CATEGORIES: Compliance with Land Use Regulations Requirements Imposed on Development Subdivision Plat Approval State law requirements that cities provide notice of subdivision applications to certain nearby water conveyance facility owners to solicit feedback does not mandate that the subdivision approval be conditioned …

Advisory Opinion 268

Home/Search ResultsAdvisory Opinion 268Download PDF version Parties: Dan S. Hales; Box Elder County Issued: March 24, 2023 …Topic Categories:Exactions The county may require that the half-width of an adjacent local road be dedicated and improved as a condition of development. Furthermore, this required half-width is appropriately measured from the centerline of the existing right-of-way unless the local ordinances or master …

New Case Summary – Brigham City v. Bywater

Utah Court of Appeals 2024 UT App 53 (click for full text) The Utah Court of Appeals held that a city’s appeal challenging a property owner’s easement to access a city street was rendered moot when the city later issued a permit for a curb cut on the property. Paul Bywater, a property owner in Brigham City, maintained access to …

Advisory Opinion 267

Home/Search ResultsAdvisory Opinion 267Download PDF version Parties: Derek and Dana Andreason / Salina City Issued: April 20, 2023 …Topic Categories:Interpretation of Ordinances Proceeding with Reasonable Diligence Requirements Imposed on Development The holder of an issued building permit constructed a residential fourplex building at the end of an existing dead-end street according to approved plans, but also built certain accessory structures …

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 …

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 …

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 …

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 …

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, …