Appeal of land use decision may include any challenge to the decision or the law’s validity.
Petersen v. Riverton City
Discussion of appeals and right to file lawsuit to pursue claims arising from a land use decision.
Pen & Ink, LLC v. Alpine City
Review of land use decisions by district and appellate courts.
Olsen v. Park City
Appeal period begins to run when all required administrative actions have been completed.
Living Rivers v. San Juan County
Utah Court of Appeals 2024 UT App 162 The Utah Court of Appeals reversed the district court’s ruling that associational standing is not available under LUDMA, though it upheld dismissal of the case because the party lacked statutory standing. The San Juan County Planning Commission approved a conditional use permit for tent camping on a 240-acre property in Upper Mill …
Springdale Lodging v. Springdale
Utah Court of Appeals 2024 UT App 83 (May 31, 2024) (click for full text of opinion) In remanding the district court ’s dismissal of a property owner’s challenge of a rezone denial, the Utah Court of Appeals found that the district court misconstrued state law provisions that were applicable only to judicial review of administrative decisions, and not legislative …
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.
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.