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”).