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IN THE UTAH COURT OF APPEALS
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Thad Stevens,  )  MEMORANDUM DECISION  
)  (Not For Official Publication)  
Plaintiff and Appellant,  ) )  Case No. 20090568-CA  
v.  )  F I L E D  
)  (July 15, 2010)
Fillmore City,  )  
)  2010 UT App 194
Defendant and Appellee.  )  

Fourth District, Fillmore Department, 080700143
The Honorable Donald J. Eyre Jr.

Attorneys: James K. Slavens and Tate W. Bennett, Fillmore, for

Appellant

Kaela P. Jackson and Greg J. Greathouse, Delta, for

Appellee

Before Judges Thorne, Voros, and Roth.

THORNE, Judge:

Thad Stevens appeals from the district court's ruling
upholding a Board of Adjustment (the Board) decision that a steel
carport on his property violates the Fillmore City Municipal Code
and that Stevens is not entitled to a variance. Specifically,
Stevens argues that the district court erred in ruling that the
carport is a "structure" as defined by the Fillmore City
Municipal Code. Stevens also argues that the district court
erred in refusing to allow him to present additional evidence
showing he is entitled to a variance. We affirm.

"Since the district court's review of the Board's decision
was limited to a review of the Board's record, we do not accord
any particular deference to the district court's decision.
Instead, we review the Board's decision as if the appeal had come
directly from the agency." Patterson v. Utah County Bd. of
Adjustment, 893 P.2d 602, 603 (Utah Ct. App. 1995) (footnote
omitted). The Board's decision is presumed to be valid, and we
will not disturb that decision absent a showing that it is "so
unreasonable" as to be deemed arbitrary or capricious or that the

decision is illegal. See id. Furthermore, we will uphold the

Board's decision if the decision is supported by substantial
evidence in the record. See id. at 604. "Together, these
concepts mean that the Board's decision can only be considered
arbitrary or capricious if not supported by substantial
evidence." Id.

The main issue is whether Stevens

Download stevens071510.pdf

Utah Law