WESTERN LAND EQUITIES, INC. V. CITY OF LOGAN
617 P.2d 388 (1980)
NATURE OF THE CASE: City (D) appealed from a ruling that D unlawfully withheld approval
of Western's (P) proposed residential plan and was estopped from enforcing a zoning change
that prohibits P's' proposed use.
FACTS: P purchased property within D. Pursuant to a new land use ordinance, the property
was zoned M-1, a manufacturing zone which permitted single-family dwellings. P's intent was
to use the property for moderately priced single-family housing. D's ordinance requires
consultation with the city planning commission, preparation and submittal of a preliminary
plan showing compliance with minimum requirements of the subdivision ordinance, and approval
of both preliminary and final plans by the city planning commission. The commission rejected
the proposed subdivision: (1) Development of the proposed residential subdivision was
contrary to the land use ordinance and to the city's master plan; (2) The access roads
provided by the plan were inadequate; (3) The location of the railroad on three sides of the
proposed subdivision made it an inappropriate site for housing. P unsuccessfully appealed
the decision and then filed a complaint in district court. A restraining order was issued
enjoining D from amending its zoning ordinance. The injunction was lifted on April 18, 1978,
at which time a change in the zoning ordinance that had been enacted on January 19, 1978,
became effective as it applied to P's property. The trial court held that P's proposed
development was permissible under the zoning regulations in existence prior to January 31,
1978, that P had substantially complied with procedural requirements and had a vested right
to develop the proposed subdivision, and that D was estopped from withholding approval of
P's subdivision on the basis of the amended ordinance enacted after the application for
subdivision approval had been submitted. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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