Advisory Opinion 238

Download PDF version Parties: Snow Garden Apartments, LLC / Ephraim City Issued: April 16, 2021Topic Categories: Entitlement to Application Approval (Vested Rights)  Pending Ordinances  Temporary Land Use Ordinances   Property owners have a statutory vested right to land use approval at the time of application under ordinances then in effect unless the municipality has already formally initiated proceedings to amend …

Advisory Opinion 228

Download PDF version Parties: Recycled Earth LLC and Ogden City Issued:  August 27, 2020Topic Categories: Pending Ordinances Substantive Land Use Review   A land use applicant who has submitted a complete land use application is entitled to substantive review under the land use regulations in effect at the time and applicable to the application, or, to the information shown on …

Advisory Opinion 210

Download PDF version Parties: Nilson Homes, Plain City Issued:  June 18, 2019Topic Categories: Complete Land Use Application Pending Ordinances   State law requires a local government to review an applicant’s land use application under the local ordinance in existence at the time the applicant submits a complete application, unless the local government can show that an exception to the rule …

Advisory Opinion 65

Download PDF version Parties: Sevier Power Company, LLC and Sevier County Issued: March 26, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Pending Ordinances   An applicant is entitled to approval of a land use application if the application conforms to the requirements of the local government’s land use ordinances in effect when a complete application …

Advisory Opinion 19

Download PDF version Parties: Scott Webber & Patrick Hayes and City of Washington Terrace Issued: August 9, 2007Topic Categories: Entitlement to Application Approval (Vesting) Pending Ordinances Compliance with Mandatory Land Use Ordinances   A city may deny a land use application if there is an ordinance change pending when the application is made. An ordinance is considered pending when a …