Agenda - Planning Commission - 06/05/2014

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Zoning Bulletin April 25, 2014 I Volume 8 I Issue 8 Time for roceedin ine years after enacted, landowner challenges ordinance dedicating easement over its land as public street City contends statute of limitations applies, but landowner argues it does not Citation: Powder Run at Deer Valley Owner Ass 'n v. Black Diamond Lodge at Deer Valley Ass'n of Unit Owners, 2014 UT App 43, 2014 WL 685603 (Utah Ct. App. 2014) UTAH (02/21/14)—This case addressed the issue of whether a statute of limitations governing challenges to a city's land use decisions applied. The Background/Facts: In June 2001, Black Diamond Lodge at Deer Val- ley Association of Unit Owners ("Black Diamond") submitted a letter to Park City Municipal Corporation (the "City") offering to dedicate as a public street a portion of a 78-foot-wide easement that crossed property owned by Powder Run at Deer Valley Owner Association ("Powder Run"). Powder Run informed the City that it was "not going to oppose" the dedication but requested that the City defer action while Powder Run considered its options. The City Council acknowledged Powder Run's request but proceeded to consider the dedication. The City Council then adopted an ordinance, published June 27, 2001, accepting the limited dedication of a 30-foot-wide portion of the easement as a public street. In the fall of 2001, Black Diamond built a road across the easement and had underground utilities installed within the easement. In late 2002 or early 2003, Black Diamond had a monument sign erected on the easement. Since late 2001, the public has used the road to access the Black Diamond Lodge and an- other adjoining development. On September 15, 2010, over nine years after the ordinance became effec- tive, Powder Run filed a complaint against Black Diamond and the City. Powder Run alleged that Black Diamond and the City "claim a right or inter- est in the Easement Parcel adverse to the rights and interests of [Powder Run]." The City moved to dismiss the action on the basis of the 30-day statute of limitations in Utah Code § 10-9a-801(2)(a). In Utah, the Municipal Land Use, Development, and Management Act ("MLUDMA") places a 30-day limit on challenges to municipal land use decisions. Specifically, it provides that "[a]ny person adversely affected by a final decision made in the exercise of or in violation of the provisions of this chapter may file a petition for review of the decision with the district court within 30 days after the local land use decision is final." (Utah Code Ann. § 10-9a-801(2)(a).) Powder Run argued that the statute of limitations did not apply for various reasons. The district court disagreed, found the statute of limitations did ap- ply, and dismissed Powder Run's action. 2014 Thomson Reuters 7