Regulatory Alerts2026-02-09
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Town of Alta v. Ben Hame Corp.
The Utah Court of Appeals affirmed a permanent injunction prohibiting Ben Hame Corporation from operating its single-family residence as a commercial short-term lodging facility in violation of the Town of Alta's zoning ordinance. The court held that intensive short-term rentals do not constitute a valid accessory use customarily incidental to a single-family dwelling and rejected the defendant's equitable estoppel defense based on prior business licenses issued by the town clerk. Additionally, the court determined that the zoning classification of the Blackjack Village subdivision was not an arbitrary spot zone, thereby upholding the trial court's grant of summary judgment to the Town of Alta.
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