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McELHANEY v. CITY OF MOAB

No. 20160142.

423 P.3d 1284 (2017)

2017 UT 65

Jeramey McELHANEY and Mary McElhaney, Appellees, v. CITY OF MOAB and Moab City Council, Appellants.

Supreme Court of Utah.

Filed September 21, 2017.

Attorney(s) appearing for the Case

Craig C. Halls , Blanding, for appellees.

Christopher G. McAnany , Grand Junction, CO, for appellants.

Justice Pearce authored the opinion of the Court in which Chief Justice Durrant, Associate Chief Justice Lee, Justice Durham and Justice Himonas joined.

On Direct Appeal

INTRODUCTION

¶ 1 The Moab City Council (Council) denied Mary and Jeramey McElhaney's application for a conditional use permit to operate a bed and breakfast in their residential neighborhood. The McElhaneys appealed to the district court, which reversed the Council's...

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