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PEN & INK, LLC v. ALPINE CITY

No. 20090430-CA.

238 P.3d 63 (2010)

2010 UT App 203

PEN & INK, LLC, a Utah limited liability company; and David Lynton, Petitioners and Appellants, v. ALPINE CITY, Respondent and Appellee.

Court of Appeals of Utah.

July 22, 2010.

Attorney(s) appearing for the Case

Stephen Quesenberry and Aaron R. Harris, Provo, for Appellants.

David L. Church, Salt Lake City, for Appellee.

Before Judges McHUGH, ORME, and VOROS.

MEMORANDUM DECISION

VOROS, Judge:

¶ 1 Plaintiffs David Lynton and Pen & Ink, LLC, (collectively, Lynton) petitioned Alpine City (Alpine) for approval of Lynton's residential building plans. The Alpine Planning Commission and the Alpine City Council both denied the request. Lynton sought judicial review. The parties filed cross-motions for summary judgment; the district court granted Alpine's motion and denied...

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