The Appellate Group

N. Monticello Alliance, LLC, v. San Juan Cnty. Comm’n

N. Monticello Alliance, LLC, v. San Juan Cnty. Comm’n, 2023 UT App 18 (Mortensen, J.)


A district court concluded that a Planning Commission’s conclusion to allow a conditional use permit to remain in place was supported by substantial evidence. In an ongoing and “curiously complex” set of appeals, Northern Monticello Alliance, LLC (NMA) now claims the district court’s conclusion was erroneous because the Planning Commission’s decision omitted written findings or conclusions sufficient for appellate review. The Utah Court of Appeals agreed and reversed the district court’s decision, holding:

  • Ultimately, because the decision lacked adequate written findings, the decision was not supported by substantial evidence and was therefore arbitrary and capricious. Accordingly, the district court erred.

Read the full court opinion