Terms Used In Utah Code > Title 10 > Chapter 9a > Part 8 - District Court Review

• Adversely affected party: means a person other than a land use applicant who:

  (a)	owns real property adjoining the property that is the subject of a land use application or land use decision; or

  (b)

  will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 10-9a-103 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103 Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the: (a)  Fifth or Fourteenth Amendment of the Constitution of the United States; or (b)  Utah Constitution Article I, Section 22. See Utah Code 10-9a-103 Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Division: means the Division of Consumer Protection. See Utah Code 13-23-2 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fiduciary: A trustee, executor, or administrator. Fraud: Intentional deception resulting in injury to another. General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103 Health spa: means a business enterprise that provides access to a facility: (i)  for a charge or a fee; and (ii)  for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2 Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Utah Code 13-24-2 Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to: (a)  recording a subdivision plat; or (b)  development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103 Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that: (a)  is required for human occupation; and (b)  an applicant must install: (i)  in accordance with published installation and inspection specifications for public improvements; and (ii)  whether the improvement is public or private, as a condition of: (A)  recording a subdivision plat; (B)  obtaining a building permit; or (C)  development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Land: includes :Utah Code 68-3-12.5 Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103 Land use authority: means : (a)  a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b)  if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103 Land use decision: means an administrative decision of a land use authority or appeal authority regarding: (a)  a land use permit; or (b)  a land use application. See Utah Code 10-9a-103 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103 Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 13-24-2 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Remand: When an appellate court sends a case back to a lower court for further proceedings. State: includes any department, division, or agency of the state. See Utah Code 10-9a-103 Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a)  derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b)  is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Writing: includes :Utah Code 68-3-12.5