Scherbel v. Salt Lake City

Utah Supreme Court

758 P.2d 897 (Utah 1988)

          A city council under the council-mayor form of government should not hear appeals from zoning decisions made by a planning commission.

          An applicant for subdivision approval or a building permit is entitled to favorable action if the application conforms to the zoning ordinance in place at the time of the application, unless changes in the zoning ordinance are pending which would prohibit the use applied for, or unless there are compelling, countervailing reasons to deny the application.

          If an application does not conform to the requirements of a zoning ordinance, it cannot serve to vest any right in a particular zoning classification.  Thus, if an application does not meet the requirements for a land use, no rights in that application vest.

Full Text of Scherbel v. Salt Lake City

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