Legal Opinion

Town of Alta v. Ben Hame Corp.

Court of Appeals of Utah

Decided June 26, 1992No. 910129-CAPublishedCited by 18 opinions

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

  1. Scharf v. BMG Corp.Utah Supreme Court · 1985
  2. Berube v. Fashion Centre, Ltd.Utah Supreme Court · 1989
  3. Baddour v. City of Long BeachNew York Court of Appeals · 1938
  4. Ward v. Richfield CityUtah Supreme Court · 1990
  5. Transamerica Cash Reserve, Inc. v. Dixie Power & Water, Inc.Utah Supreme Court · 1990

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3Cited by18 opinions

  1. Carrier v. Salt Lake CountyUtah Supreme Court · 2004
  2. Richards v. Security Pacific National BankCourt of Appeals of Utah · 1993
  3. Brown v. Sandy City Board of AdjustmentCourt of Appeals of Utah · 1998
  4. Patterson v. Utah County Board of AdjustmentCourt of Appeals of Utah · 1995
  5. TS 1 PARTNERSHIP v. AllredCourt of Appeals of Utah · 1994

13 more not listed; retrieve them via the Exa API.

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