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
A city’s inaction to enforce a zoning violation is not itself a separate land use “decision” that can be appealed.
Tooele County v. Erda Community Association
Utah Court of Appeals 2022 UT App 123 (click for full text of opinion) The Utah Court of Appeals ruled for the dismissal of a community association’s judicial petition for review of a county’s administrative land use decision. The Court of Appeals held that the association had failed to exhaust its administrative remedies where the association itself had not filed …
Salt Lake City v. Inland Port Authority
Utah Supreme Court 2022 UT 27 (Click for full text of opinion) The Utah Supreme Court held that certain zoning provisions of the Utah Inland Port Authority Act were not unconstitutional. In 2018, the state legislature enacted the Utah Inland Port Authority Act to create an inland port in Utah, overseen by the Utah Inland Port Authority (UIPA), a newly …
Ogden City Plaza Inv. v. Ogden City Board of Zoning Adjustment
Utah Court of Appeals 2022 UT App 74 (Click for full text of opinion) The Utah Court of Appeals held that a zoning board’s interpretation of its zoning ordinance prohibiting drive-in restaurants was incorrect. Ogden City Plaza Investors owns commercial property in the Central Business District (CBD) of Ogden City that featured a standalone building with a drive-through window that …
Cardiff Wales v. Washington County School District
Utah Supreme Court 2022 UT 19 (Click for text of opinion) The Utah Supreme Court reversed the court of appeals’ ruling that in order for an acquisition of property to be made under a “threat of eminent domain” for purposes of right of first refusal, the government entity must have specifically authorized the use of eminent domain by approving an …
South Weber City v. Cobblestone Resort
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 …
Northern Monticello Alliance v. San Juan County (NMA I)
Third party’s statutory right to appeal land use decision regarding revocation of CUP did not inherently include a due process right to participate in the meeting/hearing producing the decision.
