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

Nos. 20040365, 20040373.

128 P.3d 1161 (2006)

2006 UT 2

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

Supreme Court of Utah.

January 10, 2006.

Attorney(s) appearing for the Case

Stephen G. Homer, West Jordan, for respondent.

Donald H. Hansen, David E. Yocom, Salt Lake City, for petitioner.

Craig M. Call, Salt Lake City, for amicus Department of Natural Resources.

AMENDED OPINION

On Certiorari to the Utah Court of Appeals

NEHRING, Justice:

INTRODUCTION

¶ 1 In this land-use dispute, Salt Lake County sought to exercise its police power to require B.A.M. Development, L.L.C., to dedicate property for the purpose of widening a major traffic artery adjacent to a residential subdivision from which B.A.M. sought County approval to build. The court of appeals held that the process used to review the...

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