Advisory Opinion 3

Download PDF version Parties:  Brad Richards and Morgan County Issued:  July 10, 2006Topic Categories: Compliance With Land Use Ordinances   If a county ordinance requires compliance with the county’s general plan, any part of the approval that does not comply with the general plan is invalid.  A final decision of a land use authority or appeal authority is valid if …

Advisory Opinion 2

Download PDF version Parties: Lorin Parks and Riverdale City Issued: July 11, 2006Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Interpretation of Ordinances   Expressions of concern over soil stability, even if grounded in factual evidence, were not enough to overcome the conclusions of an expert study. The Developers presented expert testimony addressing the geologic concerns. …

Advisory Opinion 1

Download PDF version Parties: Ivory Development and Taylorsville City Issued: July 5, 2006Topic Categories: Exactions on Development Compliance With Land Use Ordinances   A municipality is bound by the terms and standards of its applicable land use ordinances and must comply with the mandatory provisions of its ordinances. When the ordinance uses the word “shall,” it indicates a mandatory provision.DISCLAIMER …