Xanthos v. Bd. of Adjustment of Salt Lake City

685 P.2d 1032, 1984 Utah LEXIS 838
CourtUtah Supreme Court
DecidedMay 1, 1984
Docket18333
StatusPublished
Cited by28 cases

This text of 685 P.2d 1032 (Xanthos v. Bd. of Adjustment of Salt Lake City) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Xanthos v. Bd. of Adjustment of Salt Lake City, 685 P.2d 1032, 1984 Utah LEXIS 838 (Utah 1984).

Opinions

HALL, Chief Justice.

This is an appeal from a judgment of the district court that reversed a denial of a zoning variance by the Salt Lake City Board of Adjustment. We reverse.

In December, 1978, plaintiff Gary Xant-hos received notice from the Department of Building and Housing Services that certain of his premises located in Salt Lake City were not in compliance with city zoning ordinances. The notice ordered him to correct the deficiencies. Xanthos responded by applying to the Salt Lake City Board of Adjustment for a variance to allow a nonconforming use of the property.

The lot in question had a newly constructed duplex and a single-family dwelling in the rear of the duplex. Building the duplex caused the dwelling to not have frontage on a dedicated public street, to not have the required side and rear yards and to not have the required off-street parking for a residential R-2 district.

Following a hearing, the Board unanimously denied the requested variance. Xanthos then appealed to the district court for judicial review of the Board’s decision under the terms of U.C.A., 1953, § 10-9-15, which states: “The city or any person aggrieved by any decision of the board of adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction.” After a trial to the bench at which the judge heard evidence in addition to that adduced at the Board hearing and considered all of the evidence de novo, the court reversed the Board of Adjustment’s decision and ordered the Board to grant the variance.

Xanthos urges that we adopt the reasoning of the judge below, who held that: “Plenary action relief constitutes a complete review of the board of adjustment’s decision by trial de novo and the court has the same power as the board of adjustment to review the facts.”

[1034]*1034The city appeals that ruling, contending that the trial court erred by reviewing an appeal from a Board of Adjustment decision as a trial de novo. The city argues that the court was limited to consideration of whether the Board’s action was arbitrary and capricious and not supported by substantial evidence.

This Court has not previously had occasion to interpret the language “plenary action for relief.”

In Denver & Rio Grande Western Railroad Co. v. Public Service Commission,1 the statute there interpreted provided that any person aggrieved by a decision of the Commission with regard to a contract motor carrier’s license could bring an action for plenary review, which action “shall proceed as a trial de novo.” The Court held that “plenary review” meant a full review of the record made before the lower tribunal without the submission of new testimony. The purpose of the de novo requirement was to increase the scope of the review to include questions of fact, as well as of law.

In the statute before us there is no requirement for a trial de novo, and the structure and language of the Act do not contemplate such a de novo review. The statutory language “plenary action for relief therefrom ” presupposes the continued existence of the administrative action, thus suggesting an appeal rather than a trial de novo. However, the Act also does not lend itself to a review that extends no further than the examination of the record made below.

There is no requirement that a formal transcript be made of the proceedings before the Board of Adjustment. The formal record consists of the minutes of the hearing and the formal findings and order. While the proceedings before the Board are taped and the tapes retained for 90 days, there is no requirement that they be transcribed, and in fact they were not in this case. Therefore, as we said in Denver & Rio Grande Western Railroad Co. v. Central Weber Sewer Improvement District:2 “The nature and extent of the review depends on what happened below as reflected by a true record of the proceedings, viewed in the light of accepted due process requirements.” 3 The Court went on to say that if the hearing had proceeded in accordance with due process requirements, the reviewing court could look only to the record, but where it had not or where there was nothing to review, the reviewing court must be allowed to get at the facts.

This analysis serves as well in the case before us. Since there is no record of the proceedings, due process would be denied if the district court could not get at the facts. Therefore, the court must be allowed to take its own evidence and need not necessarily be limited to the evidence presented before the Board of Adjustment. This does not mean that the hearing in the district court should be a retrial on the merits, or that the district court can substitute its judgment for that of the Board.

This Court has consistently held that: Due to the complexity of factors involved in the matter of zoning, as in other fields where courts review the actions of administrative bodies, it should be assumed that those charged with that responsibility [the Board] have specialized knowledge in that field. Accordingly, they should be allowed a comparatively wide latitude of discretion; and their actions endowed with a presumption of correctness and validity which the courts should not interfere with unless it is shown that there is no reasonable basis to justify the action taken.4

(Citations omitted.)

Therefore, it follows that the role of the district court in reviewing the Board [1035]*1035of Adjustment’s decision is to determine whether the action taken was so unreasonable as to be arbitrary and capricious.5 In order to make that determination, the district court may take additional evidence, but it must be relevant to the issues that were raised and considered by the Board.

The next question that must be considered, based on this standard of review, is whether the Board of Adjustment’s decision not to grant the requested variance was so unreasonable as to be arbitrary and capricious.

In the case at hand, the district judge undertook to weigh anew the underlying factual considerations. While there may have been some evidence in the record to support the trial judge’s findings, it was not his prerogative to weigh the evidence anew. His role was limited to determining whether there was evidence in the record to support the Board of Adjustment’s action. The judge went beyond this role and decided the case according to his notion of what was in the best interests of the citizens of Salt Lake City. The findings of fact and conclusions of law entered by the trial judge reflect that his disagreement with the decision of the Board of Adjustment centered on the perceived economic impact on Xanthos (loss of $150 per month rent) and the loss of one low-cost rental unit in the city. The judge made it clear that he thought retention of low-cost housing, regardless of zoning considerations, should be the overriding policy in Salt Lake City. However, it does not matter whether the judge agrees or disagrees with the rationale of the Board or the policy grounds upon which a decision is based. It does not lie within the prerogative of the trial court to substitute its judgment for that of the Board where the record discloses a reasonable basis for the Board’s decision.6

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Bluebook (online)
685 P.2d 1032, 1984 Utah LEXIS 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/xanthos-v-bd-of-adjustment-of-salt-lake-city-utah-1984.