Land Use Appeals Cases

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.

Bradley v. Payson City

Standards of review for legislative and administrative decisions.

Cedar Mountain Environmental, Inc. v. Tooele County

Standing requirements under LUDMA are the same as traditional and alternative standing tests.

City of Grantsville v. Tooele City

Establishing standing, or the right to pursue a claim in court.

Davis County v. Clearfield City

Denial of Conditional Use Permit is arbitrary when it is not supported by substantial evidence.

Fox v. Park City

Appellate review of land use decisions, what makes a decision arbitrary, capricious, or illegal.

Fuja v. Woodland Hills

A city’s inaction to enforce a zoning violation is not itself a separate land use “decision” that can be appealed.

Gillmor v. Summit County

Appeal of land use decision may include any challenge to the decision or the law’s validity.

Krejci v. Saratoga Springs

Zoning ordinances may be subject to initiative and referenda.

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

Northern Monticello Alliance v. San Juan County (NMA I)

Third party’s statutory right to appeal land use decision regarding revocation of CUP did not inherently include a due process right to participate in the meeting/hearing producing the decision.

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.

Olsen v. Park City

Appeal period begins to run when all required administrative actions have been completed.

Pacific West Communities, Inc. v. City of Grantsville

Utah Court of Appeals 2009UT App 291, 221 P.3d 280Claims not raised before a trial court may not be raised before an appellate court. A court’s review of a local government’s land use decision is specifically limited to the record provided by the local government. A reviewing court may not accept or consider any evidence outside of the record. A court’s

Patterson v. American Fork

Administrative remedies must be exhausted before a land use decision may be challenged in court.

Pen & Ink, LLC v. Alpine City

Review of land use decisions by district and appellate courts.

Petersen v. Riverton City

Discussion of appeals and right to file lawsuit to pursue claims arising from a land use decision.

Salt Lake City Mission v. Salt Lake City

Administrative remedies must be exhausted before a land use decision may be challenged in court.

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

Foutz v. City of South Jordan (2004)  - When the alleged violation arises directly from a municipal land use decision, the party must comply with LUDMA’s Appeal section, not LUDMA's enforcement section.

 

Tooele County v. Erda Community Association (2022) - Each party or "person"--including an association--must exhaust its own administrative remedies before judicial review, regardless of similar appeals made by others, including an association's individual members.

Appellate Decisions