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
a technical error in citing the wrong ordinance standards in a written decision’s conclusions of law did not require the county to allow additional discussion on the application upon a court’s remand to correct the findings and conclusions, because the substance of the correct standards had adequately been discussed in the land use authority’s proceedings.
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, …
Tyler v. Hennepin County
Supreme Court of the United States 598 U.S. ____ (2023) (May 25, 2023) (click for full text of opinion) The U.S. Supreme Court held that a claim under the Takings Clause had been presented where a Minnesota county seized a condo to sell for unpaid real estate taxes and retained the excess value over the owed tax debt for itself. …
Utah Stream Access Coalition v. VR Acquisitions (USAC II)
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 …
Larson v. Pleasant Grove City
Utah Supreme Court 2023 UT 2 (Click for text of opinion) The Utah Supreme Court reversed a district court determination that Pleasant Grove City’s Transportation Utility Fee (TUF) was an illegal tax, concluding that its purpose qualified it as a service fee, but remanded to determine whether the fee was reasonable. To address deteriorating roads, Pleasant Grove City adopted an …
Northern Monticello Alliance v. San Juan County (NMA II)
Failure of a land use authority to make adequate written findings was a “fatal flaw” in subsequent decisions of the appeal authority and district court that purported to uphold the land use authority’s decision under a deferential standard of review.
Northern San Juan County Coalition v. San Juan County
An individual’s letter challenging a land use decision did not have to contain the word “appeal” to satisfy appeal requirements in the county ordinance.
