Brendle v. City of Draper

OPINION

GREENWOOD, Judge:

Appellants Stephen E. Brendle and Richard L. Maires (collectively, the Lot Owners) appeal the trial court’s order upholding the Draper City Council’s decision to prohibit the Lot Owners from building a house on a lot located in Draper City. We reverse and remand in part for further proceedings.

BACKGROUND

In April 1994, the Lot Owners entered an option agreement to purchase Lot 304 in the Cove at Bear Canyon subdivision (the Lot). This agreement conditioned the purchase of the Lot on the Lot Owners obtaining Draper City’s approval to build a house on the upper portion of…