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 …
Three D Corp. v. Salt Lake City
Substantial and material impairment of a property owner’s right of access can constitute a compensable taking.
Davis County v. Zions First National Bank
Requirements for eminent domain complaint; determining value.
Price Development Co. v. Orem City
Redevelopment agencies must follow substantive and procedural rules when exercising eminent domain authority.
Selman v. Box Elder County
Discusses the authority of the Ombudsman’s Office to mediate takings disputes.
Provo City v. Ivie
Cities may only exercise authority granted to them by the Legislature.
UDOT v. Harvey Real Estate
Access rights do not include rights to existing traffic flow or guaranteed access at a specific location.
Schroeder Investments, LC v. UDOT
Discusses the “more necessary public use” rule pertaining to eminent domain.
Davis County v. Clearfield City
Denial of Conditional Use Permit is arbitrary when it is not supported by substantial evidence.
