(A) Administrative remedies exhausted. No person may challenge in District Court a decision of a land use authority until that person has exhausted all administrative remedies as provided by this chapter and received a final decision from the appeal authority.
(B) Time limit to file appeal. Any applicant adversely affected by a final decision made in the exercise of or in violation of the provisions of this chapter may file a petition for review of the decision with the District Court within 30 days after the local land use decision is final.
(C) Constitutional taking issue; arbitration.
(1) The required time for filing for district court review shall be tolled from the date the person files a request for arbitration of a constitutional taking issue with the property rights ombudsman, as provided by UCA §§ 10-9a-801(2)(b)(i), as amended, until 30 days after:
(a) The arbitrator issues a final award; or
(b) The property rights ombudsman issues a written statement under UCA §§ 13-43-204(3)(b), declining to arbitrate or to appoint an arbitrator.
(2) A tolling under this section operates only as to the specific constitutional taking issue that is the subject of the request for arbitration filed with the property rights ombudsman by a property owner.
(Prior Code, § 10-14-7) (Ord. passed 8-10-2006)
Cross-reference:
Constitutional taking issues, see Ch. 34