Legal Opinion · Dissent

B.A.M. Development, L.L.C. v. Salt Lake County

Court of Appeals of Utah

Decided February 20, 2004No. 20010840-CAPublished

1DissentOrme, Judge

19 With neither party having so argued, it is perplexing that the majority insists on analyzing the propriety of the trial court's actions under Utah Code Ann. § 17-27-708 (2001), while at the same time admitting that this appeal is governed by Utah Code Ann. § 17-27-1001 (2001). I disagree with this approach and the remedy of starting over before an entity of county government yet to be selected by the trial court. This result is especially disturbing given the County's concession in its brief that "BAM followed the appeal procedure outlined in the Utah statute and corresponding Salt Lake…

2Cases cited53 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  5. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987

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