Town of Alta v. Ben Hame Corp.
Court of Appeals of Utah
1Opinion of the Court
OPINION
JACKSON, Judge:
Ben Hame Corporation (BHC) appeals the grant of an injunction prohibiting it from conducting commercial lodging operations in its single-family residence in violation of the Alta Town (Alta) zoning ordinance. We affirm.
BHC claims that its rental activity was a valid accessory use of its residence, and if not, that equitable estoppel should bar Alta from enforcing the zoning ordinance. Additionally, BHC asserts that Alta’s ordinance is unconstitutional because the subdivision in which the Ben Hame residence is located is an “arbitrary” spot zone.
Alta occupies about four…
2Cases cited40 opinions
- Scharf v. BMG Corp.Utah Supreme Court · 1985
- Berube v. Fashion Centre, Ltd.Utah Supreme Court · 1989
- Baddour v. City of Long BeachNew York Court of Appeals · 1938
- Ward v. Richfield CityUtah Supreme Court · 1990
- Transamerica Cash Reserve, Inc. v. Dixie Power & Water, Inc.Utah Supreme Court · 1990
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