Vial v. Provo City

Utah Court of Appeals

2009 UT App 122, 210 P.3d 947

     Substantial evidence is that quantum and quality of relevant evidence that is adequate to convince a reasonable mind to support a conclusion.  In determining whether substantial evidence supports a decision, an appellate court will consider all the evidence in the record both favorable and unfavorable.  In light of that evidence, the appellate court must determine whether a reasonable mind could reach the same conclusion as the appeal authority. 

     For a nonconforming use, a presumption of abandonment can be rebutted by evidence showing that the owner has maintained the structure or use in accordance with applicable codes, or has actively and continually attempted to sell or lease the property

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