The Appellate Group

Bermes v. Summit County

Bermes v. Summit County, 2023 UT App 94 (Tenney, J.)

Administrative Law

A property owner requested approval to construct a nearly 15,000 square-foot home and, in the end, disrupted more than 100,000 square-feet more of the native landscape than the approved plan allowed. Later, he sought to build a small building near his home, and the Council denied his request. So he sought district court review. The district court affirmed. The Utah Court of Appeals affirmed, holding:

  • The district court did not err in affirming the Council’s decision.
  • Practice Tip: A council’s failure to enforce its ordinances in the past alone does not support a conclusion that it is arbitrary or capricious for the council to begin enforcing the ordinance. 

Read the full court opinion