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WELLS v. BD. OF ADJUST. OF SALT LAKE CITY

No. 960347-CA.

936 P.2d 1102 (1997)

Pamela WELLS, Rosemary Emery, Ray Whitchurch, Walter Whitchurch, Phyllis Whitchurch, Wanda Houston, Lloyd Sant, Ulrich Matthes, and Joanna Matthes, Petitioners and Appellants, v. BOARD OF ADJUSTMENT OF SALT LAKE CITY CORP.; TTJ Partnership; Gastronomy, Inc., dba Market Street Broiler & Fish Market; and John W. Williams, Respondents and Appellees.

Court of Appeals of Utah.

April 3, 1997.

Attorney(s) appearing for the Case

Linda S. Lepreau, Salt Lake City, for Petitioners and Appellants.

Roger F. Cutler and Randall K. Edwards, Salt Lake City, for Respondent and Appellee Board of Adjustment of Salt Lake City Corp.

Before WILKINS, Associate P.J., and BILLINGS and ORME, JJ.

OPINION

WILKINS, Associate Presiding Judge:

Petitioners appeal the district court's order granting respondents' motion for summary judgment, which affirmed the Board of Adjustment's (Board) decision to grant TTJ Partnership and Gastronomy, Inc.'s application for a variance from the zoning ordinances requiring a ten-foot landscaped rear yard for the Market Street Broiler and Fish Market (the restaurant). We reverse the order granting summary judgment and...

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