The Appellate Group

Cook v. Ivins City

Cook v. Ivins City, 2025 UT App 85 (Tenney, J.)

Administrative/Civil Procedure

The Utah Court of Appeals held:

  • Cook did not carry his burden of establishing prejudicial procedural error because the city council did not engage in a “reconsideration” of its resolution of the proposed zoning change. 
  • Cook failed to show that his due process rights were violated because he and the citizens in question were given a meaningful opportunity to be heard about whether the proposed zoning change should be approved. 
  • Judicial tip: When parties place the interpretation and meaning of a particular statutory provision (or a rule, or a municipal ordinance) squarely before an appellate court, that court’s interpretive analysis is not limited by the parties’ respective interpretations. 

Read the full court opinion