LJ Mascaro Inc. v. Herriman City

TOOMEY, Judge:

¶1 Leland Mascaro and Sheri Mascaro (collectively, the Mascaros) and LJ Mascaro Inc. appeal the district court's grant of summary judgment in favor of Herriman City, affirming Herriman City's denial of the Mascaros' request for nonconforming use status. We are asked to determine whether the district court correctly concluded that the Herriman Land Use Appeal Authority's (the Appeal Authority) decision to deny the Mascaros' request was not arbitrary and capricious or illegal. We conclude the Mascaros failed to provide substantial evidence to support a prior legal use of topsoil…