For Your Data Western Province Equities, Inc. V. Metropolis Of Logan Instance Brief

Western Land Equities, Inc. v. City of Logan illustration brief summary
617 P.2d 388 (1980)

CASE SYNOPSIS

Plaintiff filed a electrical load seeking a determination, equally a thing of law, that they had a vested correct to railroad train a section together with that defendants, city, its municipal council together with sure enough of its officials (city), were estopped from withholding approving of the subdivision. The district courtroom (Utah) ruled inwards favor of the developers. The metropolis appealed.

CASE FACTS
The developer purchased holding inside the metropolis to operate for moderately priced single-family housing. The holding was zoned for manufacturing amongst single-family dwellings permitted. The metropolis rejected the developer's section proposal on the grounds that it was opposite to the nation operate ordinance together with to the city's primary plan, the access roads were inadequate, together with the place of the railroad made it an inappropriate site for housing. The metropolis afterward enacted a modify inwards its zoning ordinance that became effective equally applied to the developer's property.

PROCEDURAL HISTORY
The district courtroom constitute that the developers had a vested correct to railroad train the proposed subdivision.

DISCUSSION

On appeal, the metropolis argued that the planning committee was justified inwards its disapproval of the projection because of its undesirable or nonconforming aspects.
The courtroom held that an applicant was entitled to a edifice let or section approving if the proposal met the zoning requirements inwards being at the fourth dimension of the application together with if he proceeded amongst reasonable diligence together with in that place was no compelling, countervailing populace interest.
The metropolis did non convey a compelling ground for withholding approval.

CONCLUSION
The courtroom affirmed the lodge that estopped the metropolis from enforcing a zoning modify that prohibited the developer's proposed use.

Suggested police describe schoolhouse written report materials