Legal Opinion

Whaley v. Park City Municipal Corp.

Court of Appeals of Utah

Decided June 19, 2008No. 20050982-CAPublishedCited by 5 opinions

1Opinion of the Court

OPINION

McHUGH, Judge:

T1 Ronald R. Whaley and Melanie A. Reif (Plaintiffs) appeal the trial court's dismissal of their takings claim and the grant of summary judgment on their nuisance claims and their claims to invalidate certain ordinances passed by Park City Municipal Corporation (Park City). Plaintiffs further appeal the trial court's denial of their motions to reconsider the same rulings. We affirm in part and reverse and remand with respect to Plaintiffs' nuisance and takings claims.

BACKGROUND 1

T2 This case is a noise dispute concerning amplified, outdoor concerts that were held near…

2Cases cited26 opinions

  1. In Re DebsSupreme Court of the United States · 1895
  2. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  3. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
  4. Branch v. Western Petroleum, Inc.Utah Supreme Court · 1982
  5. Child v. GondaUtah Supreme Court · 1998

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3Cited by5 opinions

  1. Larson v. StaufferCourt of Appeals of Utah · 2022
  2. Northern Monticello Alliance v. San Juan CountyUtah Supreme Court · 2022
  3. Steffensen-WC, LLC v. Volunteers of America of Utah, Inc.Court of Appeals of Utah · 2016
  4. Bacon v. PacifiCorpDistrict Court, D. Utah · 2022
  5. Chilcoat v. San Juan CountyDistrict Court, D. Utah · 2021

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