Utah Court of Appeals July 31, 2014 2014 UT App 178 (Click for full text of opinion) The Utah Court of Appeals upheld a City’s action to remove a sign erected without obtaining all required approvals. The City obtained a summary judgment (without a full trial), and the business appealed. The business requested permission to install a billboard on its premises. The City granted a …
Green v. Brown v. Weber County
Utah Court of Appeals 2014 UT App 155 July 3, 2014 (Full Text of Green v. Brown v. Weber County) The Utah Court of Appeals confirmed that the time to appeal a land use decision begins to run from the date that a person receives actual or constructive notice of the decision. Brown and Green own adjoining lots in a …
Anderson v. Fautin
Utah Court of Appeals June 26, 2014 2014 UT App 151 (Click for full text of opinion) ***Subsequent history: Further proceedings in this case resulted in an opinion by the Utah Supreme Court. Please see Anderson v. Fautin, 2016 UT 22. The Utah Court of Appeals concluded that an owner’s silence or inactivity does not defeat a boundary by acquiescence claim …
UDOT v. Carlson
Utah Supreme Court June 24, 2014 2014 UT 24 (Click for full text of opinion) The Utah Supreme Court recognized that the limits of what constitutes a “public use” have not been clearly identified, and remanded this matter back to the District Court so the parties may have an opportunity to brief and argue that question. Using eminent domain, UDOT acquired 15 …
Marvin Brandt Revocable Trust v. United States
United States Supreme Court March 10, 2014 2014 U.S. LEXIS 1788 The US Supreme Court determined that a railroad right-of-way granted under an 1875 federal law was an easement only, and did not grant any title to the land. Thus, when the railroad was abandoned, the right-of-way was terminated, and the property owner retained ownership. The case concerned a rail …
Powder Run at Deer Valley v. Black Diamond Lodge and Park City
2014 UT App 43 (Click for Full Text of Opinion) Utah Court of Appeals February 21, 2014 This case clarifies the thirty-day limit to appeal a municipal land use decision, as provided in § 801 of LUDMA (The Land Use and Development Management Act, Chapters 10-9a and 17-27a of the Utah Code). In 2001, Black Diamond Lodge proposed to dedicate an easement …
UDOT v. Walker Development Partnership
Utah Court of Appeals 2014 UT App 30 (Click for Full Text of Opinion) February 6, 2014 In a condemnation proceeding which has lingered for over 20 years, the Utah Court of Appeals agreed that the property owner may not amend its original answer to include a new claim that more property was being taken than was identified in the …
Q-2, LLC v. Hughes
Utah Court of Appeals January 24, 2014 2014 UT App 19 (Click for Full Text) ***Subsequent history: Further proceedings in this case resulted in the issuance of an opinion by the Utah Supreme Court. Please see Q-2, LLC v. Hughes, 2016 UT 8. This decision establishes that title to disputed property passes when the elements of boundary by acquiescence are established, …
Krejci v. Saratoga Springs
Utah Supreme Court 2013 UT 74 (Click for full text) Filed: December 10, 2013 The Utah Supreme Court issued this opinion explaining its reasons for ordering that a referendum to overturn a zoning decision be placed on the ballot for the 2013 municipal elections. At the request of the property owner, Saratoga Springs adopted a “site specific” rezoning in 2012. The …
