Fuja v. Woodland Hills
Fuja v. Woodland Hills, 2022 UT App 140 (Bench, S.J.)
The Fujas alleged several building code violations in their neighbor’s home to Woodland Hills (the City). The City determined that the Fuja’s concerns did not qualify as violations. The Fujas appealed to Board of Adjustment. The City claimed the Fuja’s appeal was untimely because it was raised more than 45 days after the Fujas became aware of the violation. The Fujas claimed that the violation they challenged was the City’s failure to properly enforce zoning ordinances. The Board ruled that the City’s lack of enforcement did not qualify as a “decision or determination” triggering a new appeal period, and the Fujas’ appeals was, therefore, untimely. The Fujas filed a petition for review in the district court. The district court affirmed the Board’s decision. The Utah Court of Appeals also affirmed, holding:
- The inaction of the City is not a land use decision addressed under the appeals section of the Land Use Act. Because the Fujas did not challenge the issuance of the building permit itself, the district court correctly granted summary judgment to the City.