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SUAREZ v. GRAND COUNTY

No. 20110102.

296 P.3d 688 (2012)

2012 UT 72

Michael K. SUAREZ, John S. Weisheit, Harold Shepherd, Jennifer P. Speers, Tara Collins, William Love, Sarah M. Fields, John C. Dohrenwend, Paul Janos, Steve Mulligan, and Barbara A. Morra, Plaintiffs and Appellants, v. GRAND COUNTY, Utah and The Grand County Council, Defendants and Appellees, Cloudrock Land Company, LLC, Defendant-Intervenor and Appellee.

Supreme Court of Utah.

Rehearing Denied January 31, 2013.

Attorney(s) appearing for the Case

J. Craig Smith , R. Christopher Preston , Salt Lake City, for appellants.

Craig J. Carlston , Logan, K. Andrew Fitzgerald , Moab, for appellees Grand County and Grand County Council.

Michael D. Zimmerman , Troy L. Booher , Wade R. Budge , Salt Lake City, for appellee Cloudrock Land Company, LLC.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice NEHRING, Justice DURHAM, Justice PARRISH, and Justice LEE joined.

Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 This appeal concerns a challenge by a group of citizens (Citizens) to an ordinance passed by the Grand County Council (Council) approving amendments concerning a Planned Unit Development (PUD) district. In the district court, Citizens claimed that the Council had acted administratively in adopting Ordinance 454 and, accordingly, that the matter should be remanded to the Grand County Board...

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