Pen & Ink, LLC v. Alpine City

Utah Court of Appeals

2010 UT App 203; 238 P.3d 63

     A district court will review a local land use athority’s decision only after administrative remedies have been exhausted.   The court shall presume that the decision, ordinance, or regulation is valid, and will only determine whether the decision, ordinance, or regulation is arbitrary, capricious, or illegal.

     When an appellate court reviews a district court’s judgment reviewing a land use authority’s decision, the appellate court acts as if it were reviewing the decision directly, without deference to the district court.  The appellate court’s review is limited to whether the decision is arbitrary, capricious, or illegal.

     A land use authority’s final decision is valid if it is supported by substantial evidence in the record.

     Substantial evidence is that quantum and quality of evidence that is adequate to convince a reasonable mind to support a conclusion, taking into consideration all evidence, both favorable and unfavorable.

Full Text of Pen & Ink, LLC v. Alpine City

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