139 S. Ct. 2162, 204 L. Ed. 2d 558 (June 21, 2019) The United States Supreme Court overruled its prior decision in Williamson County Regional Planning Comm’n v. Hamilton Bank (1985), which concluded that a property owner did not have a ripe federal takings claim until he had unsuccessfully pursued an initial state law claim for just compensation. A Pennsylvania …
Metro. Water Dist. of Salt Lake & Sandy v. Sorf
2019 UT 23, 445 P.3d 443 (June 11, 2019) The Utah Supreme Court held that a claim of unreasonable interference with a water district’s easement over private party was ripe for adjudication. Metro owns and operates the Salt Lake Aqueduct (SLA), and along its corridor, owns some property in fee and has easements over other portions. Mr. Sorf owns property …
Ferre v. Salt Lake City
2019 UT App 94, 444 P.3d 567 (May 31, 2019) (cert. denied) The Utah Court of Appeals upheld a judgment in favor of Salt Lake City in allowing a special exception for construction of a two-story house that exceeded Salt Lake City Code’s maximum height allowance. A house began construction on the lot directly south of homeowner Jeremy Ferre’s property. …
Outfront Media, LLC v. Salt Lake City
Utah Supreme Court October 23, 2017 2017 UT 74 (Click for text of opinion) The Utah Supreme Court upheld Salt Lake City’s (“Salt Lake” or the “City”) decision to deny Outfront Media’s (“CBS”) request to relocate its billboard. CBS applied to relocate its billboard to an adjacent lot along I-15 in Salt Lake because its ground lease was about to expire. …
Alpine Homes v. West Jordan
Several real estate developers sued the City of West Jordan alleging the City violated the Utah Impact Fees Act by failing to spend fees collected from the developers on specified categories of expenditures within six years. The developers sought to have misspent or unspent fees refunded because the violation either constituted an unconstitutional taking or created entitlement to a refund …
Anderson v. Fautin
Utah Supreme Court May 31, 2016 2016 UT 22 (Click for text of opinion) In this case, the Utah Supreme Court clarified that in a boundary by acquiescence dispute only the claimant must occupy his or her property up to the new boundary line. The court also outlined the policy reasons behind this clarification of the boundary by acquiescence doctrine. Anderson …
Q-2 v. Hughes
Utah Supreme Court February 16, 2016 2016 UT 8 (Click for text of opinion) In this case, the Utah Supreme Court held that title to property passes by operation of law when the elements of boundary by acquiescence are met. The Hugheses owned property adjacent to property owned by Q-2 L.L.C. (“Q-2”) in Syracuse, Utah. An old fence had served as …
Marvin Brandt Revocable Trust v. United States
United States Supreme Court March 10, 2014 2014 U.S. LEXIS 1788 The US Supreme Court determined that a railroad right-of-way granted under an 1875 federal law was an easement only, and did not grant any title to the land. Thus, when the railroad was abandoned, the right-of-way was terminated, and the property owner retained ownership. The case concerned a rail …
UDOT v. Walker Development Partnership
Utah Court of Appeals 2014 UT App 30 (Click for Full Text of Opinion) February 6, 2014 In a condemnation proceeding which has lingered for over 20 years, the Utah Court of Appeals agreed that the property owner may not amend its original answer to include a new claim that more property was being taken than was identified in the …
Delta Canal Co. v. Frank Vincent Family Ranch, LC
Utah Supreme Court 2013 UT 54 (Click here for full text of Opinion) August 16, 2013 The Utah Supreme Court clarified rules pertaining to partial forfeiture and partial abandonment of water rights. The Court reasserted long-standing precedent that water rights may be partially forfeited through non-use. Utah Statutes apparently did not include partial forfeiture until 2002, …