Weber County Board of Adjustment Dismisses BOA 2025-03 Appeal, Cites Lack of Jurisdiction

The Weber County Board of Adjustment voted to dismiss appeal BOA 2025-03 on the basis that the board lacks jurisdiction, the panel said during an Oct. 25 meeting.

After convening briefly in closed session to review additional information and an audio recording of the earlier proceeding, the board moved to dismiss the appeal. The motion — "that we dismiss board of appeals 2025-03 appeal on the basis that the board of adjustments has a lack of jurisdiction in this matter" — was made by the chair of the board and was seconded by another board member. Members present answered "aye" during the roll call; several named votes were recorded as "aye." The board said a written decision will be issued to the parties.

The board’s explanation at the public reconvening cited discrepancies between earlier written notices and the audio record. A board member said staff found that an April 2023 notice of decision was "inaccurately written" and that a '21-to-5' notice of decision "more accurately reflects the audio" the board reviewed. That discrepancy, the member said, contributed to the conclusion that the board lacks jurisdiction to resolve the appeal.

Board members first moved the meeting into a closed session to obtain and review additional information about BOA 2025-03. After the closed session, the board reconvened publicly, discussed the evidence it had reviewed, and then voted to dismiss the appeal for lack of jurisdiction. The board announced it will issue its written decision to the parties involved.

The dismissal pertains only to jurisdiction on this appeal as stated by board members during the meeting; no further action on the underlying land-use matter was recorded in the public minutes of this session.