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previous landowner’s subdivision approval made years prior that was left abandoned before completion and recording was no longer valid for purposes of Developer’s …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 …
Advisory Opinion 260
Home/Search ResultsAdvisory Opinion 260Download PDF version Parties: Kristopher Sorensen / City of Saratoga Springs Issued: October 5, 2022 …Topic Categories:Exactions The City may require the dedication and improvement of the half-width of the local roadway adjacent to the property as a condition of issuing the building permit for a single-family residence on a large agricultural parcel but may not …
Advisory Opinion 259
Home/Search ResultsAdvisory Opinion 259Download PDF version Parties: Safe Harbor Storage LLC / Laketown Issued: August 31, 2022 …Topic Categories:Complete Land Use Application Entitlement to Application Approval (Vested Rights) Review for Application Completeness Substantive Land Use Review Temporary Land Use Ordinances The date at which a land use application is considered complete is important for purposes of vested rights. A municipality’s …
R.O.A. General v. Salt Lake City
Utah Court of Appeals 2022 UT App 141 (click for full text of opinion) The Utah Court of Appeals vacated a district court’s judgment for inverse condemnation in favor of a billboard owner whose relocation request was denied by the city, and remanded the case for further proceedings. R.O.A. General is the successor to Outfront Media LLC, formerly known as …
Fuja v. Woodland Hills
Utah Court of Appeals 2022 UT App 140 (click here for full text of opinion) The Utah Court of Appeals held that a city’s inaction to enforce a zoning violation is not itself a separate land use “decision” that can be appealed. Where the appeal window on a land use decision issuing a building permit had closed, noncompliance with the …
Advisory Opinion 258
Home/Search ResultsAdvisory Opinion 258Download PDF version Parties: Lorrie and Robert Morris / Washington County Issued: June 14, 2022 …Topic Categories:Nonconforming Uses & Structures Interpretation of Ordinances … Except where explicitly incorporated into applicable land use regulations, a failure to comply with other requirements unrelated to zoning, such as business license requirements, does not preclude the establishment of a legal nonconforming …