Hatch v. Utah County Planning Department

Plaintiff Hatch brought this action for damages, injunctive relief and extraordinary writ to require defendant to issue a building permit for construction of a boat launching facility. The trial court granted defendant’s motion to dismiss the complaint, whereupon plaintiff took this appeal.

Plaintiff desired to construct a cement slab protrusion into the waters of Utah Lake as a part of a boat-docking marina. He applied unsuccessfully for a building permit and made no formal move for relief under available statutes and ordinances to appropriate administrative regulatory agencies. He chose to…