The Utah County Board of Adjustment (the Board) denied the plantiff company's application for a permit to use 65-foot silos due to public concerns about that the increased height of the silos. The Court found there was insufficient evidence to support the Board's decision in denying the permit and found that the plaintiff had met its burden of proof that the additional height of the silos would not have a negative effect on the public health, safety, and welfare or surrounding property
values. The Court affirmed the district court's decision to set aside the Board's denial.
Plaintiff company applied for conditional use of two 65-foot silos. The Utah County Board of Adjustment (the Board) denied plaintiff's application. The Board had received public comment with citizens expressing concern "regarding local property values, traffic, road safety, light pollution, and the impact that dust and other emissions have on public health." One resident claimed "she had to 'sleep in [her] closet for [a] year' because the light
from the Plant would shine through her window." Kilgore challenged the Board's denial in district court, which set aside the Board's denial. Utah County appealed.