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HATCH v. BOULDER TOWN COUNCIL

No. 20000189-CA.

21 P.3d 245 (2001)

2001 UT App 55

Julian Dean HATCH and Lynne Mitchell, Appellants, v. BOULDER TOWN COUNCIL; Town of Boulder Planning Commission and/or Board of Adjustment; Boulder Excavating Company; Sam Stout; and Rhea Thompson, Appellees.

Court of Appeals of Utah.

Rehearing Denied April 4, 2001.

Attorney(s) appearing for the Case

Budge W. Call, Smith & Hanna, Salt Lake City, for Appellants.

Marvin D. Bagley, Richfield, and David J. Bird, Richards Bird & Kump, Salt Lake City, for Appellees.

Before Judges GREENWOOD, BENCH, and ORME.

OPINION

BENCH, Judge:

¶ 1 Appellants Julian Hatch and Lynne Mitchell appeal from a judgment in favor of Appellees. The trial court determined that: the Town of Boulder's zoning ordinance was not arbitrary, capricious, or illegal; "commercial" designations in the ordinance were legal and not ambiguous; and the Town properly awarded conditional use permits to Appellee Boulder Excavating Company (BEC). Appellants additionally appeal the trial court's consolidation...

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