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May 10, 2010 1 Volume 41 No. 9 Zoning Bulletin <br />Cedar Ridge's right to develop its Property was not prejudiced by the <br />Board's procedural error. "The Board's denial... was not a final denial, <br />and [Cedar Ridge] was provided with details on the information they <br />could provide to the Board on a subsequent subdivision application in <br />order to gain approval." Accordingly, the court affirmed the Board's <br />denial of Cedar Ridge's application. . <br />See also: Comer v. County of Twin Falls, 130 Idaho 433, 942 P.2d SS7 <br />(1997). <br />Case Note: As noted, the Board's denial of Cedar Ridge's applica- <br />tion had been because of Cedar Ridge's failure to provide certain <br />information with respect to the proposed subdivision. The court <br />found that Cedar Ridge did have a duty under the county subdi- <br />vision ordinance to provide the Board with that information and <br />failed to do so. Therefore, the court concluded that the Board <br />properly denied the Application. <br />Standing—Citizens challenge approval of <br />development, saying it would increase water <br />pollution and injure.their health <br />Developer says citizens lack standing because any health <br />injuries are common to all in the community <br />Citation: Morra v. Grand County, 2010 UT 21, 2010 WL 1189818 <br />(Utah 2010) <br />UTAH (04/30/10)—This case involves the issue of whether allega- <br />tions of health injuries from increased pollution from development are <br />sufficiently personal and particularized to confer standing (i.e., the le- <br />gal right to bring a court action) to the challenger. <br />The Background/Facts: In 2002, the County Council (the "Coun- <br />cil") approved a 2,000 -acre planned unit development (the "Cloudrock <br />Development"). That approval was conditioned upon terms set out in <br />a development agreement between the county and the developer. <br />In 2006, Cloudrock Land Company, LLC ("CLC") obtained the <br />rights of the original developer of Cloudrock Development. In October <br />2006, CLC presented to the county planning commission (the "Com- <br />mission"), an Amended Plan for the Cloudrock Development. <br />The Commission conditionally approved the Amended Plan, subject <br />to certain changes being made in the development agreement. <br />In 2007, the Council passed Ordinance 454, which approved both <br />the Amended Plan for the Cloudrock Development and an amended <br />version of the development agreement. <br />© 2010 Thomson Reuters <br />46 <br />