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B.A.M. DEVELOPMENT v. SALT LAKE COUNTY

No. 20010840-CA.

87 P.3d 710 (2004)

2004 UT App 34

B.A.M. DEVELOPMENT, L.L.C., a Utah limited liability company, Plaintiff and Appellant, v. SALT LAKE COUNTY, a Utah body politic and political subdivision of the State of Utah, Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied April 8, 2004.

Attorney(s) appearing for the Case

Stephen G. Homer, West Jordan, for Appellant.

Donald H. Hansen, Salt Lake County Attorney's Office, Salt Lake City, for Appellee.

Before Judges BENCH, ORME, and THORNE, JJ.

OPINION

THORNE, Judge:

¶ 1 B.A.M. Development, L.L.C. (BAM), appeals from a district court decision finding that no unconstitutional taking occurred when Salt Lake County (the County) required BAM to dedicate additional land as a condition of subdivision approval. We reverse and remand.

BACKGROUND

¶ 2 In 1997, BAM sought to develop a subdivision located at 7755 West 3500 South in Salt...

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