Six Blue Bison LLC v. Alpine City
Six Blue Bison LLC v. Alpine City, 2023 UT App 89 (Christiansen Forster, J.)
Administrative Law/Civil Procedure
Plaintiff asked City for an amendment to an existing subdivision plat. City rejected the application. Plaintiff petitioned the district court for review of the City’s decision and filed for summary judgment. The district court denied the motion and granted summary judgment in favor of City. The Utah Court of Appeals affirmed, holding:
- The district court did not err in denying Plaintiff’s motion for summary judgment and granting judgment in favor of the City. Substantial evidence in the record supported the City’s decision, and it was not arbitrary and capricious.
- The City’s denial of the application rested on a proper interpretation of all applicable land use regulations. Plaintiff could not show that the decision was illegal.
- Practice Tip: In an appeal from an administrative decision, an issue is preserved only if it is presented to both the district court and the agency.
- Practice Tip: In a footnote, the court questioned whether the public clamor doctrine applied to cases involving plat amendments.