Tuesday, January 03, 2006

Duchesne County's denial of conditional use permit held arbitrary and capricious

Uintah Mountain RTC v. Duchesne County, 2005 UT App 565.

The court of appeals reverses Duchesne County's denial of a conditional use permit for a residential treatment center. The court found the county's decision to be arbitrary and capricious because it was not based on substantial evidence. Specifically, the county's findings were incompatible with earlier findings it made for a permit issued to another similarly situated residential treatment center in the county. The findings were also based on public clamor, which is an impermissible basis, by itself, to deny a conditional use permit.

The court agreed, however, that the county could limit the size of the center to ten residents, because the center's operators had filed an incomplete conditional use permit application.


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