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Hearing officer sets Sept. 18 Zoom hearing for Cane Springs CUP appeal after parties dispute public comment and standard of review
Summary
Grand County's hearing officer set a schedule and a Sept. 18, 2024 Zoom hearing for the Cane Springs Improvement District's appeal of a denied conditional use permit, after counsel disagreed whether third-party public comment belongs in the record and whether the matter is a purely legal interpretation or requires factual review.
Grand County land use hearing officer Craig Kaul convened a procedural session June 27 to set deadlines and a hearing date in the Cane Springs Improvement District's appeal of the county commission's denial of a conditional use permit.
Kaul opened the meeting by describing the session as procedural and by warning that recent Utah Supreme Court rulings on standing make strict adherence to the ordinance important. "This is a matter of some significance because of recent rulings by the Utah Supreme Court," Kaul said as he asked the parties for their positions on whether members of the public should be allowed to participate.
Bruce Beard, counsel for the appellant, objected to public participation in the hearing. "We object to any public participation," Beard said, arguing the county's land use code does not provide for a public hearing…
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