Case Summaries

Anderson v. Fautin

Utah Court of Appeals June 26, 2014 2014 UT App 151 (Click for full text of opinion) ***Subsequent history: Further proceedings in this case resulted in an opinion by the Utah Supreme Court. Please see Anderson v. Fautin, 2016 UT 22. The Utah Court of Appeals concluded that an owner’s silence or inactivity does not defeat a boundary by acquiescence claim...
June 26, 2014

UDOT v. Carlson

Utah Supreme Court June 24, 2014 2014 UT 24 (Click for full text of opinion) The Utah Supreme Court recognized that the limits of what constitutes a “public use” have not been clearly identified, and remanded this matter back to the District Court so the parties may have an opportunity to brief and argue that question. Using eminent domain, UDOT acquired 15...
June 24, 2014

Marvin Brandt Revocable Trust v. United States

United States Supreme Court March 10, 2014 2014 U.S. LEXIS 1788 The US Supreme Court determined that a railroad right-of-way granted under an 1875 federal law was an easement only, and did not grant any title to the land.  Thus, when the railroad was abandoned, the right-of-way was terminated, and the property owner retained ownership. The case concerned a rail...
March 17, 2014

Powder Run at Deer Valley v. Black Diamond Lodge and Park City

2014 UT App 43 (Click for Full Text of Opinion) Utah Court of Appeals February 21, 2014 This case clarifies the thirty-day limit to appeal a municipal land use decision, as provided in § 801 of LUDMA (The Land Use and Development Management Act, Chapters 10-9a and 17-27a of the Utah Code). In 2001, Black Diamond Lodge proposed to dedicate an easement...
February 24, 2014

UDOT v. Walker Development Partnership

Utah Court of Appeals 2014 UT App 30  (Click for Full Text of Opinion) February 6, 2014 In a condemnation proceeding which has lingered for over 20 years, the Utah Court of Appeals agreed that the property owner may not amend its original answer to include a new claim that more property was being taken than was identified in the...
February 10, 2014

Q-2, LLC v. Hughes

Utah Court of Appeals January 24, 2014 2014 UT App 19 (Click for Full Text) ***Subsequent history: Further proceedings in this case resulted in the issuance of an opinion by the Utah Supreme Court. Please see Q-2, LLC v. Hughes, 2016 UT 8. This decision establishes that title to disputed property passes when the elements of boundary by acquiescence are established,...
January 27, 2014

Krejci v. Saratoga Springs

Utah Supreme Court 2013 UT 74 (Click for full text) Filed: December 10, 2013 The Utah Supreme Court issued this opinion explaining its reasons for ordering that a referendum to overturn a zoning decision be placed on the ballot for the 2013 municipal elections. At the request of the property owner, Saratoga Springs adopted a “site specific” rezoning in 2012.  The...
December 11, 2013

Van Denburgh v. Sweeney Land Co.

Utah Court of Appeals 2013 UT App 265 Filed:  November 7, 2013 The Court of Appeals reviewed a claim that a property owner had acquired a prescriptive easement on a neighboring property.  In the decision, the Court reiterated some of the important factors relevant to establishing a prescriptive easement. To establish a prescriptive easement, a party must show all elements...
November 7, 2013

Olsen v. Park City

Utah Court of Appeals 2013 UT App 262 Filed:  November 7, 2013 The Court of Appeals held that “enactment” in § 801 of LUDMA includes all actions needed for an ordinance to become valid. This means that the time to appeal an ordinance adopted by a local government will begin to run from the date the final action is taken...
November 7, 2013

Delta Canal Co. v. Frank Vincent Family Ranch, LC

Utah Supreme Court  2013 UT 54 (Click here for full text of Opinion) August 16, 2013           The Utah Supreme Court clarified rules pertaining to partial forfeiture and partial abandonment of water rights.  The Court reasserted long-standing precedent that water rights may be partially forfeited through non-use.  Utah Statutes apparently did not include partial forfeiture until 2002,...
August 22, 2013