Staker v. Town of Springdale
Staker v. Town of Springdale, 2020 UT App 174 (Appleby, J.)
Plaintiff appealed for a conditional use permit to operate a public parking lot. The town council denied his application, the town’s Appeal Authority affirmed, and the district court upheld the Appeal Authority’s decision. The Utah Court of Appeals affirmed, holding:
- The Appeals Authority’s decision was not arbitrary and capricious. There was substantial evidence to support its decision that the proposed use would unreasonably interfere with the surrounding residential properties (including a house only 20 feet away from the proposed lot), and that the effects could not be mitigated. This evidence included the proposal materials, a memorandum from the director of community development, and public input during planning commission and town council meetings.
- Takeaway: Although “public clamor” alone is not a legally sufficient reason to deny a conditional use permit, a municipality may solicit and rely on information from other property owners in the vicinity “so long as the decision is not solely based on the public’s concerns or consent.”