Daines v. LOGAN CITY

MEMORANDUM DECISION

VOROS, Associate Presiding Judge:

T1 David R. Daines, as trustee of the Verna R. Daines Trust, (Daines) seeks to maintain a house as a "boarding-rooming triplex with unlimited occupancy" in a neighborhood comprised predominantly of multifamily dwellings. The Board of Adjustment for the City of Logan refused his request for a non-conforming use on the ground that Daines could not show that prior use of the house as anything more than a duplex was legal under Logan City ordinances. 1 On cross-motions for summary judgment, the district court denied Daines's claims. He…