N. MONTICELLO ALLIANCE v. SAN JUAN COUNTY

No. 20180225-CA.

526 P.3d 829 (2023)

2023 UT App 18

NORTHERN MONTICELLO ALLIANCE LLC, Appellant, v. SAN JUAN COUNTY, San Juan County Commission, Sustainable Power Group LLC, and Latigo Wind Park LLC, Appellees.

Court of Appeals of Utah.

Filed February 16, 2023.


Attorney(s) appearing for the Case

J. Craig Smith , Salt Lake City, Jennie B. Garner , and Jay L. Springer , Attorneys for Appellant.

Barton H. Kunz II , Salt Lake City, Attorney for Appellees San Juan County and San Juan County Commission.

Paul W. Shakespear , Salt Lake City, Elizabeth M. Brereton , and Annika L. Jones , Salt Lake City, Attorneys for Appellees Sustainable Power Group LLC and Latigo Wind Park LLC.

Judge David N. Mortensen authored this Opinion, in which Judges Gregory K. Orme and Michele M. Christiansen Forster concurred.


Opinion

¶1 We again consider the appeal from Northern Monticello Alliance LLC (NMA) of the district court's grant of summary judgment in favor of Appellees. We conclude that the district court erred in deciding that the decision under review was supported by substantial evidence, and we reverse. The San Juan County...

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