Utah Court of Appeals
Does the appeal period for land use decisions begin when an invalid permit is issued? Green v. Brown Explained
Summary
Christine Brown challenged Weber County Board of Adjustment’s determination that her appeal of a building permit was untimely. The Greens obtained a building permit allowing driveway access across Brown’s property via a right-of-way, and Brown appealed 45 days after receiving the permit. The Board found the appeal untimely under the 15-day requirement.
Analysis
In Green v. Brown, the Utah Court of Appeals addressed whether the statutory appeal period for challenging land use decisions begins to run when a permit is issued by an official who allegedly lacks authority to issue it.
Background and Facts: The Greens obtained a building permit from a Weber County planner allowing driveway access across Brown’s property via a platted right-of-way. Brown received actual notice of the permit on September 24, 2010, but did not appeal until November 9, 2010—45 days later. Weber County’s zoning ordinances required appeals within 15 days. Brown argued the appeal period never began because the planner lacked authority to approve use of the right-of-way, which she claimed required Board of Adjustment approval as a variance.
Key Legal Issues: The court considered whether the fifteen-day appeal period applies to challenges based on the issuing official’s alleged lack of authority, and whether a planning director’s explanatory letter constitutes a separate appealable land use decision.
Court’s Analysis and Holding: The court held that the appeal period begins when a land use decision is issued, regardless of whether the official had proper authority. Drawing on Gillmor v. Summit County, the court reasoned that the planner’s decision was not rendered a “nondecision” by Brown’s authority challenge. The question of the planner’s authority was exactly what the Board could have considered on a timely appeal. The court also found substantial evidence supported the Board’s determination that the planning director’s reply letter was merely explanatory, not a separate land use decision.
Practice Implications: This decision reinforces that statutory appeal deadlines are strictly enforced in land use cases. Practitioners cannot circumvent these deadlines by arguing the permit-issuing official lacked authority. All challenges to land use decisions—whether substantive or procedural—must be brought within the prescribed timeframe to preserve the right to judicial review.
Case Details
Case Name
Green v. Brown
Citation
2014 UT App 155
Court
Utah Court of Appeals
Case Number
No. 20130247-CA
Date Decided
July 3, 2014
Outcome
Affirmed
Holding
The fifteen-day appeal period for challenging land use decisions begins to run when a permit is issued regardless of whether the issuing official lacked authority to issue the permit, and a planning director’s explanatory letter does not constitute a separate appealable land use decision.
Standard of Review
Arbitrary, capricious, or illegal standard for land use authority decisions; correctness standard for validity of land use permit with non-binding deference to land use authority’s interpretation; substantial evidence standard for whether determination was arbitrary or capricious; correctness standard for whether determination was contrary to law
Practice Tip
Challenge the validity or authority of land use permits within the statutory appeal period, as courts will not excuse untimely appeals based on arguments that the issuing official lacked proper authority.
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