concluding that additional reasons for denial of a conditional use permit (CUP) not raised in the initial proceedings could not be used to support denial of the CUP because they were beyond the scope of remand
How later courts described this case
- concluding that additional reasons for denial of a conditional use permit (CUP) not raised in the initial proceedings could not be used to support denial of the CUP because they were beyond the scope of remand
- clarifying that quasi-judicial zoning decisions of a county board are reviewable by writ of certiorari based on a “narrow exception” that “exists because the legislature has not provided for judicial review of zoning decisions of county boards in the district court as it has for zoning decisions of cities, towns and even county boards of adjustment”
- stating the general rule that “appellate courts apply the law as it exists at the time they rule on a case” unless doing so would affect vested rights or result in manifest injustice
- stating that, generally, "appellate courts apply the law as it exists at the time they rule on a case" unless doing so would affect vested rights or result in a manifest injustice
Written by the judges who cited it.
The opinion
PAUL H. ANDERSON, Justice
(concurring in part, dissenting in part).
I join the concurrence/dissent of Justice GILBERT.