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Wallingford v. Moab City, 2020 UT App 12 (Jan. 24, 2020)

Jan 24, 2020

This appeal arose from a lawsuit filed by a group of citizens challenging Moab City’s modification of a previously approved land development project.  The City initially classified the modification as “major changes” which required a public hearing under a local ordinance, but later entered into a contract with the developer and SITLA whereby the City agreed to treat the modifications as “minor changes” that would not require a public hearing.  The court of appeals held that this was unlawful “contract zoning,” and that the City could not enter into this contract without first holding a public hearing.  Accordingly, the court reversed the district court’s order granting summary judgment to the City and remanded the matter for further proceedings.