Davis County v. Clearfield City

Utah Court of Appeals

756 P.2d 704 (Utah Ct. App. 1988) 

      If the appeal process is required by state statute, a local government may not alter the process.  A legislative body may act as an appeal board only when creation of an appeal authority is not mandated. 

      Denial of a conditional use permit is arbitrary when the reasons given are without sufficient factual basis.  Consent of neighboring land owners may not be a criterion for approval of a conditional use permit.

      Denial of a conditional use must be based on something more concrete than neighborhood opposition and expressions of concern for public safety and welfare (or, “public clamor”).

Full Text of Davis County v. Clearfield City

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