Legal Opinion

DeBry v. Salt Lake County Board of Appeals

Court of Appeals of Utah

Decided November 8, 1988No. 870004-CAPublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM DECISION

JACKSON, Judge:

Robert J. DeBry (“DeBry”) filed a petition in this court seeking direct appellate review of a final order of the Salt Lake County Board of Appeals (“Board”). We dismiss for lack of jurisdiction.

DeBry proceeds from the premise that a direct “appeal” to some court of this state from a final order of a local governmental agency is an inherent right. However, the jurisdiction of the Court of Appeals and the district court’s appellate jurisdiction must be provided by statute. Utah Const, art. VIII, § 5. Because there is no constitutional or other statutory…

2Cases cited4 opinions

  1. Davis County v. Clearfield CityCourt of Appeals of Utah · 1988
  2. Peatross v. Board of Commissioners of Salt Lake CountyUtah Supreme Court · 1976
  3. State Ex Rel. Department of Human Services v. ManfreNew Mexico Court of Appeals · 1984
  4. Whiting v. ClaytonUtah Supreme Court · 1980

3Cited by11 opinions

  1. DeBry v. NobleUtah Supreme Court · 1995
  2. Barney v. Division of Occupational & Professional Licensing, Department of CommerceCourt of Appeals of Utah · 1992
  3. Southern Utah Wilderness Alliance v. Board of State Lands & ForestryUtah Supreme Court · 1992
  4. Blaine Hudson Printing v. Utah State Tax CommissionCourt of Appeals of Utah · 1994
  5. Joseph v. Salt Lake City Civil Service CommissionCourt of Appeals of Utah · 2002

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