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. …
Farley v. Utah County
2019 UT App 45, 440 P.3d 856 (March 28, 2019) The Utah Court of Appeals affirmed summary judgment for Utah County’s approval of an application for an agricultural protection area subject to certain modification requests that excluded challenged portions from the agriculture protection area. The Farleys are landowners in Utah County, and submitted an application requesting the creation of an …
Utah Stream Access Coal. v. VR Acquisitions (USAC I)
Utah Supreme Court 2019 UT 7 (Click for text of opinion) February 20, 2019 **Subsequent history: following remand from this decision, a second appeal resulted in a subsequent Utah Supreme Court decision – Utah Stream Access Coalition v. VR Acquisitions (USAC II), 2023 UT 9. The Utah Supreme Court clarified that its decision in Conatser v. Johnson, recognizing a public …
Kilgore Companies v. Utah County Board of Adjustments
Utah Court of Appeals February 7, 2019 2019 UT App 20 (Click for text of opinion) The Utah Court of Appeals affirmed the district court in setting aside a county’s denial of a conditional use permit to build silos that were taller than otherwise permitted by ordinance. Kilgore operates an asphalt batch plant in a mining and grazing zone of …
Maralex Res., Inc. v. Barnhardt
United States Court of Appeals, Tenth Circuit January 18, 2019 913 F.3d 1189 (Click for text of opinion) The Tenth Circuit Court of the United States held that the “Inspection” provision, 30 U.S.C.S. § 1718(b) of the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), did not provide authority for the Bureau of Land Management (BLM) to require …
Rocky Mountain v. Marriott
Utah Court of Appeals November 29, 2018 2018 UT App 221, cert. denied (Click for text of opinion) The Utah Court of Appeals held that a trial court abused its discretion in denying a landowner the opportunity to present expert testimony that a proposed highest and best use of condemned land is legally feasible. Seeking to construct an electric transmission …
Baker v. Carlson
Utah Supreme Court November 28, 2018 2018 UT 59 (Click for text of opinion) The Utah Supreme Court affirmed the district court’s ruling that a resolution to amend a site development master plan was referable, whereas a resolution to amend a development agreement made in relation to the site development master plan was not referable. A developer purchased the land …
