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276 P.3d 1141
Utah Ct. App.
2012
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Background

  • Cahoon sought a building permit for a fence from Hinckley Town; the Hinckley Town Appeal Authority denied the permit.
  • Cahoon challenged the decision, arguing the ordinance requires measuring the front yard from his property line to the middle of the road.
  • The ordinance requires a front yard of at least 30 feet in the R Zone and allows front yard fences that comply with setback rules.
  • The court applied plain-language interpretation of the ordinance and related definitions (Fence, Frontage, Yard, Front Yard).
  • The court held the front yard does not include portions of the street, so Cahoon’s fence did not meet the 30-foot front-yard requirement.
  • The appellate court affirmed the Appeal Board’s decision without addressing Cahoon’s remaining arguments.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Proper interpretation of front yard measurement under Hinckley ordinance Cahoon: front yard begins at property line extending to street middle Hinckley: front yard does not include street; plain meaning Front yard does not include street; Cahoon not entitled to permit

Key Cases Cited

  • Rogers v. West Valley City, 142 P.3d 554 (2006 UT App 302) (guides statutory/ordinance interpretation rules)
  • Brown v. Sandy City Bd. of Adjustment, 957 P.2d 207 (Utah Ct.App. 1998) (interpreting ordinance terms in harmony with purpose)
  • Li v. Enterprise Rent-A-Car Co., 150 P.3d 471 (2006 UT 80) (plain-language analysis; harmonization with related chapters)
  • Miller v. Weaver, 66 P.3d 592 (2003 UT 12) (guidance on statutory construction principles)
  • Iverson v. State Farm Mut. Ins. Co., 256 P.3d 222 (2011 UT 34) (constitutional/statutory construction approach)
  • Thompson v. Logan City, 221 P.3d 907 (2009 UT App 335) (uses plain-language interpretation for ordinances)
  • M & S Cox Invs., LLC v. Provo City Corp., 169 P.3d 789 (2007 UT App 315) (interpretation of zoning ordinances in context)
  • Fox v. Park City, 200 P.3d 182 (2008 UT 85) (review of land use decisions on illegality standards)
Read the full case

Case Details

Case Name: Cahoon v. HINCKLEY TOWN APPEAL AUTHORITY
Court Name: Court of Appeals of Utah
Date Published: Mar 29, 2012
Citations: 276 P.3d 1141; 2012 UT App 94; 2012 Utah App. LEXIS 90; 2012 WL 1033942; 705 Utah Adv. Rep. 26; 20110043-CA
Docket Number: 20110043-CA
Court Abbreviation: Utah Ct. App.
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