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Utah property-rights ombudsman briefs Emigration Canyon planners on advisory opinions and legal risks
Summary
Richard Plene, an attorney with the Utah Property Rights Ombudsman’s office, told the Emigration Canyon planning commission that the office issues nonbinding advisory opinions meant to reduce litigation — and warned courts may award attorney fees when litigation proceeds contrary to those opinions.
Richard Plene, an attorney with the Utah Property Rights Ombudsman’s office, told the Emigration Canyon Planning Commission that his office issues nonbinding advisory opinions to help resolve land-use and eminent-domain disputes without costly litigation. "We write an opinion as if we were a judge," Plene said, explaining the advisory-opinion process and its purpose.
Plene traced the office’s origins to 1997 and described its statutory expansion in 2006 to include land-use advisory opinions. He said the opinions are not binding but can guide parties…
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