zoning violation in Utah

2005For instance, a county may obtain an injunction against a party in violation of a zoning ordinance because "a violation of a zoning ordinance is also a crime, a showing that the zoning ordinance has been violated is tantamount to irreparable injury ... to the public." Culbertson I, 2001 UT 108, ¶ 54 , 44 P.3d 642 (internal quotation marks omitted) (citing Baxter, 635 P.2d at 64 ). 1 19 Appellees assert that our prior zoning violation cases establish that irreparable harm in the injunctive relief context may be based merely on a showing of (1) a zoning violation and (2) special damages. 6 We di

2001In affirming the trial court, the court of appeals relied on our decision in Baxter, 635 P.2d 61 , for the proposition that where there has been a zoning violation, a plaintiff need not make a showing of irreparable harm to obtain an injunction.

2024Because we ultimately resolve this issue in favor of Appellees, we address the merits of 440 North’s zoning violation argument without addressing preservation. 20220785-CA 15 2024 UT App 73 440 North SF v. Vista Heights Investments require the servient estate owner to do anything beyond allowing the dominant estate owner to use its property right. ¶30 Under the Provo City Code, the city can bring enforcement actions against “any person responsible” for a zoning violation.

2024However, as we have discussed, the creation of the easement does 20220785-CA 16 2024 UT App 73 440 North SF v. Vista Heights Investments not force either party to take any action, nor does it encourage the violation of the zoning ordinances; thus, we remain unpersuaded by this argument. ¶32 440 North “alternatively or additionally” argues that newly discovered evidence, specifically a “letter from Provo City—dated nearly a month after the [summary judgment order]—prohibiting [440 North] from allowing its residentially- zoned property to be used for any ‘commercial, industrial, agricultural, et

2020Ct. App. 1996) (quotation simplified); Dacy, 20180524-CA 14 2020 UT App 12 Wallingford v. Moab City 845 P.2d at 797 (“By making a promise to zone before a zoning hearing occurs, a municipality denigrates the statutory process because it purports to commit itself to certain action before listening to the public’s comments on that action.”); 8 McQuillin Mun.

2019And because the County did not assign its right to enforce zoning ordinances to the Association, the zoning violation alone was insufficient to entitle the Association to a permanent injunction. ¶39 Affirmed. 20180125-CA 27 2019 UT App 160

2007Thus, to challenge a land use deci *309 sion or enjoin a zoning violation, a party must have some sort of damage that "differ[s] in kind or [is] substantially more than [the injury tol the general community." Johnson v. Hermes Assocs., Ltd., 2005 UT 82, ¶ 15 , 128 P.3d 1151 . 11 Plaintiffs requesting declaratory relief because of zoning violations must likewise allege and prove special damages to have standing to pursue their claims.

2007Thus, to challenge a land use deci *309 sion or enjoin a zoning violation, a party must have some sort of damage that "differ[s] in kind or [is] substantially more than [the injury tol the general community." Johnson v. Hermes Assocs., Ltd., 2005 UT 82, ¶ 15 , 128 P.3d 1151 . 11 Plaintiffs requesting declaratory relief because of zoning violations must likewise allege and prove special damages to have standing to pursue their claims.

2005For instance, a county may obtain an injunction against a party in violation of a zoning ordinance because "a violation of a zoning ordinance is also a crime, a showing that the zoning ordinance has been violated is tantamount to irreparable injury ... to the public." Culbertson I, 2001 UT 108, ¶ 54 , 44 P.3d 642 (internal quotation marks omitted) (citing Baxter, 635 P.2d at 64 ). 1 19 Appellees assert that our prior zoning violation cases establish that irreparable harm in the injunctive relief context may be based merely on a showing of (1) a zoning violation and (2) special damages. 6 We di

2005For instance, a county may obtain an injunction against a party in violation of a zoning ordinance because "a violation of a zoning ordinance is also a crime, a showing that the zoning ordinance has been violated is tantamount to irreparable injury ... to the public." Culbertson I, 2001 UT 108, ¶ 54 , 44 P.3d 642 (internal quotation marks omitted) (citing Baxter, 635 P.2d at 64 ). 1 19 Appellees assert that our prior zoning violation cases establish that irreparable harm in the injunctive relief context may be based merely on a showing of (1) a zoning violation and (2) special damages. 6 We di

2005For instance, Appellees argue that Harris v. Springville City, 712 P.2d 188 (Utah 1984), equates a showing of special damages and a zoning violation to irreparable harm.