Rogers v. West Valley City

OPINION

GREENWOOD, Associate Presiding Judge:

¶ 1 Edward B. Rogers (Appellant) appeals the trial court’s affirmation of the West Valley City Board of Adjustment’s (the Board) decision approving Cleone Kirby’s nonconforming use of allowing horses on her property (the Property). Appellant argues that the Board erred in its interpretation of the applicable West Valley City ordinance. 1 We reverse and remand.

BACKGROUND

¶2 Beginning in 1958, when her family acquired the Property, 2 located at 3724 South 3200 West, in West Valley City, Utah, Ms. Kirby regularly kept horses, cattle, and other animals…