Salt Lake County v. Butler, Crockett & Walsh Development Corp.
297 P.3d 38
Utah Ct. App.2013Background
- Salt Lake County condemned 787 square feet of BCW land for Pinecrest Turnaround; BCW ownership largely controlled by Walsh and wife.
- County sought immediate occupancy; four‑day hearing found county design flawed and arbitrary, with bad faith potential.
- County canceled trial date; BCW prepared proposed findings; court required removing BCW’s attorney fee award from its order.
- County sought dismissal (with/without prejudice); BCW sought undetermined attorney fees under Eminent Domain Act §78B‑6‑517.
- After several procedural turns, court denied renewal of dismissal and later allowed amended condemnation action; bench trial conducted on reduced parcel, condemnation denied; BCW later raised fee issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Bad‑faith attorney fees | BCW seeks fees under Utah Code § 78B‑5‑825 for bad faith actions by county. | County contends no bad faith, and independent grounds defeat fee award; no requisite affidavit or billing proof. | Court upheld denial of fees under bad faith statute; alternative grounds supported denial. |
| Constitutional takings claims preservation | BCW argues takings, including attorney fees, are compensable; federal and Utah constitutions invoked. | County did not preserve constitutional claims; briefs insufficient. | Claims not preserved; not addressed on the merits. |
| Attorney fees on appeal | BCW should be awarded appellate fees as the prevailing party on portions of the case. | BCW did not prevail on appeal; no appellate fees. | No appellate fees awarded. |
| Jurisdiction and finality | BCW timely appeal; clock reset by subsequent orders. | Appeal timing questioned due to rule 7(f) order requirements. | Court has jurisdiction; final judgment restarted the appeals clock. |
Key Cases Cited
- Still Standing Stable, LLC v. Allen, 2005 UT 46 (Utah 2005) (clear error standard for bad faith findings; discretionary trial court review)
- Cady v. Johnson, 671 P.2d 149 (Utah 1993) (bad faith standard with three factors)
- Wardley Better Homes and Gardens v. Cannon, 61 P.3d 1009 (Utah 2002) (appellate review of trial court findings in bad faith contexts)
- Broderick v. Apartment Management Consultants, LLC, 2012 UT 17 (Utah 2012) (need for preserved arguments; briefed issues not preserved)
- Provo City v. Ivie, 2008 UT App 287 (Utah App. 2008) (commentary on policy concerns with abandonment statutes)