Utah Stream Access Coal. v. VR Acquisitions (USAC I)
Utah Supreme Court 2019 UT 7 (Click for text of opinion) February 20, 2019 **Subsequent history: following remand from this decision, a second appeal resulted in a subsequent Utah Supreme Court decision – Utah Stream Access Coalition v. VR Acquisitions (USAC II), 2023 UT 9. The Utah Supreme Court clarified that its decision in Conatser v. Johnson, recognizing a public...
February 20, 2019
Kilgore Companies v. Utah County Board of Adjustments
Utah Court of Appeals February 7, 2019 2019 UT App 20 (Click for text of opinion) The Utah Court of Appeals affirmed the district court in setting aside a county’s denial of a conditional use permit to build silos that were taller than otherwise permitted by ordinance. Kilgore operates an asphalt batch plant in a mining and grazing zone of...
February 7, 2019
Maralex Res., Inc. v. Barnhardt
United States Court of Appeals, Tenth Circuit January 18, 2019 913 F.3d 1189 (Click for text of opinion) The Tenth Circuit Court of the United States held that the “Inspection” provision, 30 U.S.C.S. § 1718(b) of the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), did not provide authority for the Bureau of Land Management (BLM) to require...
January 18, 2019
UDOT v. LEJ Investments LLC
Utah Court of Appeals November 8, 2018 2018 UT App 213 (Click for text of opinion) The Utah Court of Appeals declined to overturn a trial court’s determination of value in a condemnation action in this case. The Utah Department of Transportation (“UDOT”) filed an action to condemn a portion of property owned by multiple parties (collectively, “LEJ”). After hearing evidence,...
December 7, 2018
Rocky Mountain v. Marriott
Utah Supreme Court November 29, 2018 2018 UT App 221, cert. denied (Click for text of opinion) The Utah Court of Appeals held that a trial court abused its discretion in denying a landowner the opportunity to present expert testimony that a proposed highest and best use of condemned land is legally feasible. Seeking to construct an electric transmission line,...
November 29, 2018
Baker v. Carlson
Utah Supreme Court November 28, 2018 2018 UT 59 (Click for text of opinion) The Utah Supreme Court affirmed the district court’s ruling that a resolution to amend a site development master plan was referable, whereas a resolution to amend a development agreement made in relation to the site development master plan was not referable. A developer purchased the land...
November 28, 2018
Utah Department of Transportation v. Kmart Corp.
Utah Supreme Court September 25, 2018 2018 UT 54 (Click for text of opinion) In this case, the Utah Supreme Court held that a tenant has no protectable property right entitling it to an award for just compensation when its lease terminates upon a condemnation. The Utah Department of Transportation (“UDOT”) condemned an access to a shopping center where Kmart leased...
October 3, 2018
LJ Mascaro Inc. v. Herriman City
Utah Court of Appeals June 21, 2018 2018 UT App 127 (Click for text of opinion) The Utah Court of Appeals upheld Herriman City’s (“Herriman” or the “City”) denial of a request for nonconforming use status relating to the operation of a topsoil business. The Mascaros have operated a topsoil business on property they have owned since 1979. Herriman annexed this...
August 31, 2018
Checketts v. Providence City
Utah Court of Appeals March 22, 2018 2018 UT App 48 (Click for text of opinion) The Utah Court of Appeals upheld Providence City’s (“Providence” or the “City”) determination that Chris and Sandra Checketts’ home business violated several land use ordinances. In addition, the appeals court determined that the district court improperly awarded attorneys’ fees to the City under the Office...
April 5, 2018
Baker v. Park City
Utah Court of Appeals October 13, 2017 2017 UT App 190 (Click for text of opinion) The Utah Court of Appeals upheld a city’s decision to deny an application to amend a plat in this case. The Bakers own a lot in a subdivision in Park City, Utah. Their lot is one of two lots out of over 100 in the...
February 22, 2018