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BUSCHE v. SALT LAKE COUNTY

No. 20000073-CA.

26 P.3d 862 (2001)

2001 UT App 111

James and Carol BUSCHE, Plaintiffs and Appellants, v. SALT LAKE COUNTY, an incorporated Utah county; Wallnet Investment, LC, a Utah limited liability company; RBCSU Realty, LLC, a Utah limited liability corporation; Regence Blue Cross Blue Shield of Utah Corp., a Utah corporation; 2825 E Cottonwood Parkway, LC, a Utah limited liability corporation; 2755 E Cottonwood Parkway, LC, a limited liability corporation; and 2855 E Cottonwood Parkway, LC, a Utah limited liability corporation, Defendants and Appellees.

Court of Appeals of Utah.

April 5, 2001.

Attorney(s) appearing for the Case

Bruce R. Baird, Baird & Jones, Salt Lake City, for Appellants.

Jeffrey H. Thorpe, Salt Lake Cit, and David W. Overholt, Mark E. Medcalf, and Shane W. Norris, Midvale, and Charles P. Sampson, Salt Lake City, for Appellees.

Before Judges JACKSON, BENCH, and DAVIS.

OPINION

JACKSON, Associate Presiding Judge:

¶ 1 James and Carol Busche appeal the dismissal of their zoning decision claim under Rule 12(b)(6) of the Utah Rules of Civil Procedure. The trial court concluded that the alleged delegation of conditional use permit approval authority by the director of the development services division (the Director) to staff appeared to be authorized by statute and county ordinance, and that no due process violation occurred...

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