Kilgore Cos. v. Utah Cnty. Bd. of Adjustment

HAGEN, Judge:

¶1 Utah County appeals the district court's decision to set aside the Utah County Board of Adjustment's denial of Kilgore Companies' request for a conditional use permit. The Board denied Kilgore's request to build silos that were taller than otherwise permitted, finding that the increased height would "degrade the public health, safety, or welfare" or "adversely affect local property values." We agree with the district court that there was insufficient evidence to support these findings. Because Kilgore carried its burden of proving that the proposed conditional use requirements…