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Wasatch County v. Utility Facility Review Board, 2018 UT App 191 (Oct. 4, 2018)

Oct 4, 2018

Wasatch County appealed a decision by the Utility Facility Review Board ordering the County to issue a conditional use permit to Rocky Mountain Power for construction of transmission towers and lines, but the County failed to seek a stay of the decision or construction with the appeals court. By the time the parties had briefed and argued the issues on appeal, the permit was issued and the towers and lines were constructed and in use. Because the County failed to seek a stay of construction during the pendency of the appeal process, the court held that the issues on appeal were moot and dismissed the appeal.