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 …
Fuller v. Springville City
Utah Court of Appeals July 16, 2015 2015 UT App 177 (Click for text of opinion) The Utah Court of Appeals emphasized that a property owner must establish that a use was “legally established” under previous ordinances before it can be considered for nonconforming use status. The Fullers own a home which has a separate apartment in the basement. They state …
Horne v. Dept. of Agriculture
United States Supreme Court June 22, 2015 (No. 14-275) Full Text of Opinion The U.S. Supreme Court held that a Department of Agriculture regulation which required raisin farmers to transfer a portion of their crop to the Federal Government was a taking under the Fifth Amendment. The purpose of the regulation was to help stabilize the market for raisins. Growers …
Settlers Landing, LLC v. West Haven Special Service District
Utah Court of Appeals March 5, 2015 2015 UT App 54 (Click for full text of opinion) The Utah Court of Appeals concluded that the rates charged by a Special Service District were reasonable, and that the district was not obligated to distinguish between different types of residential users. The West Haven Special Service District (“District”) provides municipal sewer service to …
Hodgson v. Farmington City II
Utah Court of Appeals February 26, 2015 2015 UT App 43 (Click for full text of opinion) In a second appeal involving the City’s actions requiring demolition of a structure, the Utah Court of Appeals upheld a trial court’s determination that the structure was unsafe and that demolition was authorized. In a decision dated August of 2014, (See 2014 UT App 188) the Court upheld the …
T-Mobile South v. Roswell
United States Supreme Court January 15, 2015 2015 US Lexis 612 (Click for text of Opinion) The United States Supreme Court interpreted the Telecommunications Act of 1996, holding that a local government government must state its reasons for denying an application to build a cell tower. The Act provides that a cell tower permit may be denied only if the denial supported …
