Utah § 17-79-1007 Scope of review of factual matters on appeal -- Appeal authority requirements.

Utah Statutes

§ 17-79-1007 — Scope of review of factual matters on appeal -- Appeal authority requirements.

Utah·Title 17 Counties·Ch. 17-79 County Land Use, Development, and Management Act·Part 17-79-10 Appeal Authority, Variances, and District Court Review

(1)A county may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.

(2)If the county fails to designate a scope of review of factual matters, the appeal authority shall review the matter de novo, without deference to the land use authority's determination of factual matters.

(3)If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.

(4)The appeal authority shall:

(4)(a) determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and

(4)(b) interpret and apply a land use regulation to favor a land use application unless the

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(1) A county may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.
(2) If the county fails to designate a scope of review of factual matters, the appeal authority shall review the matter de novo, without deference to the land use authority's determination of factual matters.
(3) If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.
(4) The appeal authority shall:
(4)(a) determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and
(4)(b) interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
(5) (5)(a) An appeal authority's land use decision is a quasi-judicial act.
(5)(b) A legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority.
(6) Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.

Utah § 17-79-1007 (Scope of review of factual matters on appeal -- Appeal authority requirements.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.