Posted by: Patricia Salkin | September 28, 2017

WY Supreme Court Upholds Grant of a BUP for the Temporary Use of Construction Storage/Staging

In this case, Christopher and Clare Phillips Tayback challenged the Teton County Board of County Commissioners’ decision granting Four Shadows, LLC a Basic Use Permit (BUP) to use its property in Teton Village for temporary construction storage/staging. Four Shadows’ application stated that the need for construction storage/staging areas would continue until the planned construction of Teton Village was complete, which it estimated would take about twenty years. The district court ruled that the Taybacks had standing, but affirmed the Board’s decision. On appeal, the Taybacks argued the Board erred by granting the permit because Four Shadows’ use was not temporary and the Board did not consider alternative sites.

 
At the outset, the court noted that the Taybacks’ allegation that the dust and noise emanating from the staging site six days per week, for twelve hours per day, interfered with their ability to enjoy their property was sufficient to confer them standing. Having established standing, the court next addressed the Taybacks’ claim that the Board’s decision imposed “two decades or more of this continuing nuisance”. Here, the court determined that the Board granted Four Shadows a two-year permit to use the Granite Ridge site for construction storage/staging. When the permit expired, Four Shadows’ right to use the site would no longer be established. The court therefore found the fact that Four Shadows could potentially apply for a new permit when the current one expired was irrelevant to whether the Board properly granted this BUP for temporary use.

 
Lastly, the Taybacks contended the Board acted arbitrarily and capriciously by failing to consider alternative sites for Four Shadows’ construction storage/staging operation. The court rejected this contention as the Taybacks did not point to any provision in the LDRs or Master Plan that required the Board to consider alternative sites for construction storage/staging. Without any authority requiring the Board to consider alternative sites, the court held that the Board did not act contrary to law or arbitrarily and capriciously by failing to do so.

 
Tayback v Teton County Board of County Commissioners, 2017 WL 4296349 (WY 9/28/2017)


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