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WASATCH COUNTY v. UTILITY FACILITY REV. BD.

No. 20160523-CA.

414 P.3d 958 (2018)

2018 UT App 1

WASATCH COUNTY, Petitioner, v. UTILITY FACILITY REVIEW BOARD and Rocky Mountain Power, Respondents.

Court of Appeals of Utah.

Filed January 5, 2018.

Attorney(s) appearing for the Case

Scott H. Sweat and Tyler J. Berg , Attorneys for Petitioner.

Sean D. Reyes and Brent A. Burnett , Attorneys for Respondent Utility Facility Review Board.

D. Matthew Moscon , R. Jeff Richards , Heidi K. Gordon , Attorneys for Respondent Rocky Mountain Power.

Judge David N. Mortensen authored this Opinion, in which Judges Gregory K. Orme and Ryan M. Harris concurred.

Opinion

¶ 1 Rocky Mountain Power sought a conditional use permit from Wasatch County, which the County denied. The Utility Facility Review Board thereafter ordered the County to issue the permit. Because in doing so the Review Board disregarded Wasatch County's statutory authority, we set aside the Review Board's...

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