Utah County v. Baxter

HALL, Chief Justice:

Defendant Baxter appeals from a judgment granting plaintiff Utah County an injunction against defendant’s commercial use of a single-family residence, in violation of a county zoning ordinance.

The controversy involves the use of property located in Provo Canyon, which land is within a watershed area of Utah County. In 1976, the county enacted an ordinance which declared the area to be a “critical environmental zone” wherein no commercial uses were allowed and residential use was limited to one structure per 50 acres of land. The ordinance did allow, however, for…