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11 Zoning Dig. 1 (1959)

handle is hein.journals/planevirw11 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 11 JANUARY 1959 Pages 1-24 Counsel's Advice Did Not Justify Violation of Zoning Order. Salt Lake County v. Uutchinson, Supreme Court, Utah, Sept. i6, z958, 329 P.2d 657. Salt Lake County sought a mandatory injunction to cause the removal of about eight feet of a structure erected in violation of an order of the zoning authorities. In April 1955, through counsel, defendant applied for authority to extend and enlarge his building. A variance was granted on condition that the structure be built no closer than ten feet from defendant's property line. A letter to that effect was addressed to the building inspector with a carbon copy going to defendant's attorney. Before seeing the letter, the attorney had called the county surveyor and later testified that he was told by that official that the ap- plication for a variance had been granted. The attorney advised defendant of this fact and then left town. On his return, he saw the letter and notified the defendant of the ten-foot restriction, but apparently stated that he felt that something might be worked out. The building was com- pleted in violation of the variance order. Defendant asserted that he would sustain considerable damage if required to cut off eight feet of his building and that no one would be injured by the unauthorized extension. The lower court refused to grant the injunction. This was reversed by the Supreme Court, which said that defend- ant's assertions of damage to himself and none to others would not justify an eyes-open violation of a clear and un- equivocal mandate of the zoning authorities. To permit one to do so on the basis of reliance on the advice of counsel, followed by a defense that hardship would ensue if compliance with the order be required, or on the basis that it was not shown that anyone else would suffer in perpetuating the

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