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DIAMOND B-Y RANCHES v. TOOELE COUNTY

No. 20030578-CA.

91 P.3d 841 (2004)

2004 UT App 135

DIAMOND B-Y RANCHES, Plaintiff and Appellant, v. TOOELE COUNTY, Defendant and Appellee.

Court of Appeals of Utah.

April 29, 2004.

Attorney(s) appearing for the Case

Allen K. Young, Young, Kester & Petro, Provo, and Jonah Orlofsky, Chicago, Illinois, for Appellant.

Jody K. Burnett, Williams & Hunt, Salt Lake City, and Douglas J. Ahlstrom, Tooele, for Appellee.

Before Judges JACKSON, ORME, and THORNE.

OPINION

ORME, Judge:

¶ 1 Diamond B-Y Ranches asserts that it is entitled to compensation under federal and state "taking" jurisprudence because Tooele County's denial of Diamond's request for a conditional use permit to operate a gravel pit rendered its property valueless. The trial court granted summary judgment in favor of the County based on its determination that Diamond had no protected property interest in the permit and did not provide sufficient...

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