CARLSEN v. BD. OF ADJUSTMENT OF SMITHFIELD

No. 20110142-CA.

287 P.3d 440 (2012)

2012 UT App 260

D. Craig CARLSEN, Petitioner and Appellant, v. BOARD OF ADJUSTMENT OF the CITY OF SMITHFIELD, a municipal corporation, Respondent and Appellee. Dale Smith and Margaret Smith, Intervenors and Appellees.

Court of Appeals of Utah.

September 20, 2012.


Attorney(s) appearing for the Case

D. Craig Carlsen , Smithfield, Appellant Pro Se.

Bruce L. Jorgensen , Logan, for Appellee Board of Adjustment of the City of Smithfield, a municipal corporation.

Shawn P. Bailey and Shaun L. Peck , Logan, for Appellees Dale Smith and Margaret Smith.

Before Judges VOROS, ROTH, and CHRISTIANSEN.


MEMORANDUM DECISION

ROTH, Judge:

¶ 1 Petitioner D. Craig Carlsen challenges a decision by the Board of Adjustment (the Board) for Smithfield City (the City), recognizing an existing, nonconforming animal rights use on property (the Property) owned by Carlsen's neighbors, Dale and Margaret Smith. We decline to disturb the Board's decision.

¶ 2 In 2009, the Smiths petitioned the Board to recognize an existing nonconforming animal rights use...

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