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VIAL v. PROVO CITY

No. 20070663-CA.

210 P.3d 947 (2009)

2009 UT App 122

Alicia K. VIAL, Petitioner and Appellant, v. PROVO CITY, a Utah municipal corporation; and Provo City Board of Adjustment, Respondents and Appellees.

Court of Appeals of Utah.

May 7, 2009.

Attorney(s) appearing for the Case

Michael B. Miller, A. Richard Vial, and Alicia K. Vial, Salt Lake City, for Appellant.

David C. Dixon, Robert D. West, Camille S. Williams, and J. Brian Jones, Provo, for Appellees.

Before Judges THORNE, BILLINGS, and ORME.

OPINION

ORME, Judge:

¶ 1 Petitioner Alicia K. Vial seeks judicial review of the decision by the Provo City Board of Adjustment (the Board) concerning the allowable use of her home. Provo City zoning personnel determined that her home is a single-family dwelling and that the rental of her basement to tenants is an illegal use of the property. She appealed that determination to the Board, arguing that the use of the basement as a rental is a legal nonconforming...

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