Legal Opinion

Vial v. Provo City

Court of Appeals of Utah

Decided May 7, 2009No. 20070663-CAPublishedCited by 6 opinions

1Opinion of the Court

OPINION

ORME, Judge:

11 Petitioner Alicia K. Vial seeks judicial review of the decision by the Provo City Board of Adjustment (the Board) concerning the allowable use of her home. Provo City zoning personnel determined that her home is a single-family dwelling and that the rental of her basement to tenants is an illegal use of the property. She appealed that determination to the Board, arguing that the use of the basement as a rental is a legal nonconforming use that was established as early as 1950 and has continued up until the present time. The Board denied her appeal. We disagree with some…

2Cases cited5 opinions

  1. Anderson v. Public Service Com'n of UtahUtah Supreme Court · 1992
  2. Home Savings & Loan v. Aetna Casualty & Surety Co.Court of Appeals of Utah · 1991
  3. Terry v. Retirement Board, Public Employees' Health ProgramCourt of Appeals of Utah · 2007
  4. Hugoe v. Woods Cross CityCourt of Appeals of Utah · 1999
  5. State v. CoonceCourt of Appeals of Utah · 2001

3Cited by6 opinions

  1. Thompson v. Logan CityCourt of Appeals of Utah · 2009
  2. Hatch v. Kane County Board of AdjustmentCourt of Appeals of Utah · 2013
  3. Total Outdoor Corp. v. City of Seattle Department of Planning & DevelopmentCourt of Appeals of Washington · 2015
  4. Carradine v. Labor CommissionCourt of Appeals of Utah · 2011
  5. Specht v. Big Water TownCourt of Appeals of Utah · 2017

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