Can construction during appeal render administrative review moot? Wasatch County v. Utility Facility Review Board Explained

The Utah Court of Appeals addressed an important issue for practitioners challenging administrative decisions in Wasatch County v. Utility Facility Review Board. The case demonstrates how failing to seek appropriate stays can doom an appeal before it reaches the merits.

Background and Facts

Rocky Mountain Power sought a conditional use permit from Wasatch County to construct 0.26 miles of transmission lines. When the county denied the permit, the Utility Facility Review Board ordered the county to issue it within sixty days. Wasatch County requested a stay from the Board, which was denied. The county then issued the permit and filed for judicial review in the court of appeals, but critically did not seek a stay from the court. Rocky Mountain completed construction of the transmission lines while the appeal was pending.

Key Legal Issues

The central issue was whether the proceeding for judicial review was rendered moot when construction was completed during the pendency of the appeal without a court-ordered stay.

Court’s Analysis and Holding

The court applied the principle that “[a] case may be mooted on appeal if the relief requested is rendered impossible or of no legal effect.” Drawing on Utah Supreme Court precedent in Transportation Alliance Bank and Richards v. Baum, the court emphasized that parties must use all available procedural tools to preserve the status quo. The court noted that abundant case law from multiple jurisdictions supports dismissing appeals as moot when construction proceeds without a stay. Wasatch County’s requested remedy—rescinding the permit and dismantling the transmission towers—was no longer available.

Practice Implications

This decision underscores the critical importance of seeking stays at every available level when challenging construction-related administrative decisions. Practitioners must first seek a stay from the agency, then immediately pursue appellate court relief if denied. The court’s analysis demonstrates that mootness can quickly derail even meritorious challenges when proper procedural safeguards are not employed.