Xanthos v. Salt Lake City Board of Adjustment

Utah Supreme Court

685 P.2d 1032 (Utah 1984)

     Due to the complexity of factors involved in zoning matters, it should be assumed that those charged with that responsiblity have specialized knowledge in that field.  Accordingly, they should be allowed  comparatively wide latitude of discretion; and their actions endowed with a presumption of validity and correctness.

     Each piece of property is unique.  An applicant for a variance must show that the property itself contains some special circumstances that relate to the hardship complained of. 

     Estoppel, waiver, or laches (equitiable remedies) ordinarily do not constitute a defense to enforcement of zoning ordinances, unless the circumstancs are exceptional. 

Full Text of Xnthos v. Salt Lake City Board of Adjustment

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