Several real estate developers sued the City of West Jordan alleging the City violated the Utah Impact Fees Act by failing to spend fees collected from the developers on specified categories of expenditures within six years. The developers sought to have misspent or unspent fees refunded because the violation either constituted an unconstitutional taking or created entitlement to a refund …
McElhaney v. City of Moab
Utah Supreme Court September 21, 2017 2017 UT 65 (Click for text of opinion) In this case, the Utah Supreme Court clarified that it would review the lower court’s decision, not the land use authority’s decision, on appeal from the district court. In addition, the Supreme Court instructed the district court to remand the case back to the land use authority …
Stichting Mayflower Mountain Fonds v. United Park City Mines Co.
Utah Supreme Court August 1, 2017 2017 UT 42 (Click for text of opinion) The Utah Supreme Court upheld the district court’s rulings concluding that Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreation Fonds (collectively, “Stichting”) did not have the right to use a mining road on Flagstaff Mountain near Park City. Stichting holds title to mining claims dating back to …
Specht v. Big Water Town
Utah Court of Appeals May 4, 2017 2017 UT App 75 (Click for text of opinion) The Utah Court of Appeals upheld the land use variance and road vacation by Big Water Town. The record included findings and substantial evidence sufficient to support the variance, and the complainant lacked standing to contest the vacation. The Hydes own two adjacent lots …
Utah businesses getting hit with misleading letters from “Utah Council for Corporations” asking for $150.00 fee for annual records solicitation form
SALT LAKE CITY, Utah – Francine A. Giani, Executive Director of the Utah Department of Commerce, announced today the Division of Corporations and Commercial Code and Division of Consumer Protection have received reports thatmisleading letters are being sent to Utah businesses instructing owners to pay $150.00 for an annual records solicitation form to an entity with a government agency sounding …
Clearwater Farms v. Giles
Utah Court of Appeals June 16, 2016 2016 UT App 126 (Click for text of opinion) In this case, the Utah Court of Appeals held that a district court has the authority to limit the width of a right-of-way established by use solely based on the road’s historic use and that the court does not need to consider the future use …
Anderson v. Fautin
Utah Supreme Court May 31, 2016 2016 UT 22 (Click for text of opinion) In this case, the Utah Supreme Court clarified that in a boundary by acquiescence dispute only the claimant must occupy his or her property up to the new boundary line. The court also outlined the policy reasons behind this clarification of the boundary by acquiescence doctrine. Anderson …
Salt Lake City v. Evans Development Group
Utah Supreme Court March 24, 2016 2016 UT 15 (Click for text of opinion) The Utah Supreme Court invalidated a condemnation by Salt Lake City (“Salt Lake” or the “City”) of land owned by Evans Development Group (“Evans”) in this case. Salt Lake needed a parcel of property owned by Rocky Mountain Power to complete a public works project. Rocky Mountain …
Q-2 v. Hughes
Utah Supreme Court February 16, 2016 2016 UT 8 (Click for text of opinion) In this case, the Utah Supreme Court held that title to property passes by operation of law when the elements of boundary by acquiescence are met. The Hugheses owned property adjacent to property owned by Q-2 L.L.C. (“Q-2”) in Syracuse, Utah. An old fence had served as …
