Utah Court of Appeals 2022 UT App 63 (Click for full text) The Utah Court of Appeals upheld an injunction against the ongoing use of an owner’s property for short-term rentals in the city’s agricultural zone as not qualifying for a legal nonconforming use against recent ordinance changes. Background: In 2019, South Weber adopted an ordinance regulating short-term rentals (STR), …
Huck v. Ken’s House LLC
Utah Court of Appeals 2022 UT App 64 (Click for full text of opinion) The Utah Court of Appeals upheld the dismissal of a boundary by acquiescence claim where the claimant did not produce clear and convincing evidence of each element of the claim. In 2012, Mr. Huck bought a property in the Avenues neighborhood of Salt Lake City that …
Advisory Opinion 247
Home/Search ResultsAdvisory Opinion 247Download PDF version Parties: Spring Creek Cove Development Corp, Murray City Issued: December 2, 2021Topic Categories:Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The city’s requirement that irrigation canals be piped within new residential subdivisions is lawful, even where the developer must enter an agreement it finds “outrageous and illegal” to secure permission to enclose …
Advisory Opinion 245
Home/Search ResultsAdvisory Opinion 245Download PDF version Parties: D.R. Horton, Saratoga Springs City Issued: November 16, 2021Topic Categories:Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The Developer may only be responsible for providing that portion of the impact they impose, which in this case appears to be at most approximately 49% of the cost of the traffic signal, …
Advisory Opinion 246
Home/Search ResultsAdvisory Opinion 246Download PDF version Parties: Neighbors, Summit County Issued: November 16, 2021Topic Categories:Appealing Land Use Decisions Conditional Use Applications Summit County Council had a legal obligation to approve a conditional use permit for a commercial horse boarding facility in the Rural Residential zone where the proposed building would be much larger than surrounding homes because they concluded …
Advisory Opinion 244
Home/Search ResultsAdvisory Opinion 244Download PDF version Parties: Fuja / Woodland Hills City Issued: October 14, 2021Topic Categories:Appealing Land Use Decisions Compliance With Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Any alterations to construction approved in a building permit requires the applicant to submit amended plans for review. The proposed amendments must likewise comply with applicable land …
Advisory Opinion 243
Home/Search ResultsAdvisory Opinion 243Download PDF version Parties: ARB Investments, LLC / West Jordan City Issued: September 2, 2021Topic Categories:Exactions on Development In response to the developer’s requested rezone for a proposed residential development, the city has asked a developer to dedicate an off-site portion of property for a future roadway as a condition precedent to favorable legislative approval, and …
Advisory Opinion 242
Home/Search ResultsAdvisory Opinion 242Download PDF version Parties: Utah Valley Homebuilders Association / Eagle Mountain Issued: July 30, 2021Topic Categories:Impact Fees Act The Utah Valley Home Builders Association raised a general challenge to Eagle Mountain City’s impact fee update by disagreeing with the city’s method of identifying the level of service and advancing alternative assumptions or considerations not adopted by …
Advisory Opinion 241
Home/Search ResultsAdvisory Opinion 241Download PDF version Parties: Troy Green / Weber County Issued: July 16, 2021Topic Categories:Exactions on Development The County’s requirement to dedicate a 33-foot wide strip of land for a future right-of-way to serve future development does not solve a problem created by the property owner’s development proposal. The property owner’s amended plat simply merges two parcels …
Advisory Opinion 240
Home/Search ResultsAdvisory Opinion 240Download PDF version Parties: Joseph White, Iron Wood Real Estate, LLC; Tooele County Issued: June 10, 2021Topic Categories:Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances The third-party appeals of the PUD concept plan approvals by the County planning commission are without merit. Furthermore, the County’s failure to require a pre-application conference or review the application …