Cedar Mountain Environmental, Inc. v. Tooele County

Utah Supreme Court

2009 UT 48, 214 P.3d 95

     Any person adversely affected by a land use decision may file a petition for review with a district court (after administrative appeals have been exhausted).

     LUDMA § 801 incorporates the traditional standing test, under which a party has standing if (1) it can assert that it has been or will be adversely affected by the land use decision; (2) alleges a causal relationship between the injury, the challegened decision, and the relief requested, and (3) requests relief that is substantially likely to redress the injury.

     An adverse effect is an actual or potential injury that is sufficiently particularized to give a party a personal stake in the outcome of the dispute.  In land use cases, a personal stake in the outcome requires a party to own or occupy property within the jurisdiction of the land use authority whose decision is being challenged.

     If a party cannot establish “traditional” standing, alternative standing may be established if the party is (1) an appropriate party to bring suit, and (2) the issue being presented is of sufficient public importance to balance the absence of traditional standing criteria.

     An appropriate party is one that has the interest necessary to effectively assist a court to develop and review all relevant legal and factual questions.

Full Text of Cedar Mountain Environmental, Inc. v. Tooele County

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