McElhaney v. City of Moab

Full Case Name
Jeramey MCELHANEY and Mary McElhaney, Appellees, v. CITY OF MOAB and Moab City Council, Appellants.
Description

Individuals applied for a permit for a bed and breakfast. City Planning Commission approved the permit in spite of neighbors' concerns. The permit was later denied by City Council; the denial was reversed by the district court. Court found City Council did not issue sufficient findings supporting its denial of the permit, and that the district court should have permitted Council to craft new findings of fact and conclusions of law capable of appellate review.

Date
09-21-2017
Court
Utah Supreme Court
Jurisdiction
Utah
Plaintiffs
Defendants
Incident Location
Moab, UT
Disputed Act

Individuals applied for a permit for a bed and breakfast on their property in a residential neighborhood. The City Planning Commission approved the permit subject to conditions in spite of neighbors' concerns over the impact on the neighborhood. The permit was later denied by the City Council; the denial was reversed by the district court.

Holding
The Court found the City Council did not issue sufficient findings supporting its denial of the permit. The Court also found that the district court should have permitted the Council to craft new findings of fact and conclusions of law capable of appellate review.
Disposition