Legal Opinion

Anderson v. Provo City Corp.

Utah Supreme Court

Decided January 21, 2005No. 20030679PublishedCited by 15 opinions

1Opinion of the Court

DURHAM, Chief Justice:

¶ 1 The City of Provo amended a zoning ordinance governing residential neighborhoods near Brigham Young University to allow only those homeowners who reside in their homes to rent out “accessory” apartments. A group of homeowners brought suit challenging the amendment, and the district court granted summary judgment to Provo. In this appeal of that decision, the homeowners argue that the amended ordinance (1) exceeds Provo’s legislative authority by regulating land ownership rather than land use, (2) violates the equal protection guarantees of the United States and Utah…

2Cases cited25 opinions

  1. Saenz v. RoeSupreme Court of the United States · 1999
  2. City of Edmonds v. Oxford House, Inc.Supreme Court of the United States · 1995
  3. Malan v. LewisUtah Supreme Court · 1984
  4. Gallivan v. WalkerUtah Supreme Court · 2002
  5. Mountain Fuel Supply Co. v. Salt Lake City Corp.Utah Supreme Court · 1988

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3Cited by15 opinions

  1. Hatch v. Boulder Town CouncilCourt of Appeals for the Tenth Circuit · 2006
  2. Ames Rental Property Ass'n v. City of AmesSupreme Court of Iowa · 2007
  3. Tyler v. City of College ParkCourt of Appeals of Maryland · 2010
  4. State v. MerrillUtah Supreme Court · 2005
  5. ABCO Enterprises v. Utah State Tax CommissionUtah Supreme Court · 2009

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