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McElhaney v. City of Moab, 2017 UT 65 (Sept. 21, 2017).

Sep 21, 2017

This appeal arose from a city council’s denial of a conditional use permit to operate a bed and breakfast in a residential neighborhood.  The plaintiff appealed the council’s decision to the district court, which reversed it, and the council sought review from the Utah Supreme Court.  The Court clarified that, contrary to what it had suggested in some cases, in cases like this one it reviews the decision of the district court and not that of the underlying administrative body.  On the merits, the Court vacated the district court’s decision and remanded with instructions to the district court to remand to the council to generate more detailed findings of fact and conclusions of law.