Bennion v. Sundance Development Corp
In Bennion v. Sundance Development Corp., 897 P.2d 1232 (Utah Ct. App. 1995), the plaintiff challenged the county commission's approval of a recreational resort plan, arguing that the commission's approval violated zoning ordinances and Utah law. Id. at 1233-34.
The plaintiff contended that although he had not exhausted administrative remedies under section 17-27-1001, section 17-27-1002 provided a separate avenue of relief because the developer was in actual violation of a zoning ordinance. Id. at 1237.
The court of appeals upheld the dismissal of the plaintiff's action, holding that because the plaintiff's complaint was directed against the commission's decision, the plaintiff was required to appeal that decision as directed in section 17-27-1001. Id. at 1237-38.