L.C. Canyon Partners v. Salt Lake County

October 19, 2011 by Justia

L.C. Canyon filed an application with Salt Lake County to rezone several acres of its property to allow the construction of a residence on the property. The County Planning Commission recommended its approval to the Salt Lake County Council. The Council then passed an ordinance amending the zoning map to grant L.C. Canyon's requested rezoning. Before the ordinance was to take effect, the Council rescinded the rezoning ordinance. L.C. Canyon filed a complaint against the County, asserting that the Council had no authority to rescind the rezoning ordinance and that the rescission effected a taking of L.C. Canyon's property. The district court entered summary judgment against L.C. Canyon. The Supreme Court affirmed, holding (1) the County had a rational basis for its zoning decision, (2) the Council had the authority to rescind its rezoning ordinance before it became effective, and (3) because L.C. Canyon had only a unilateral hope that the rezoning ordinance ultimately would take effect, it had no viable takings claim. View "L.C. Canyon Partners v. Salt Lake County" on Justia Law