Successful Appeal

  • By Robert Mitchell
  • 13 Jul, 2016

Big Appellate Win for Fort Pierce Industrial Park Owners Association

Congratulations to our friends and clients at the Fort Pierce Industrial Park Owners Association who had a complete victory before the Supreme Court of the State of Utah on June 22, 2006. There, the Supreme Court held that the business judgment rule affords to the board’s decisions a presumption of reasonableness on the part of the board, and that to overcome that presumption of reasonableness the burden of proof is on the party challenging the decision of the board. The Supreme Court ruled in favor of the board’s discretion to deny a cell tower installation request was not in harmony with the development. Fort Pierce Industrial Park Phases II, III & Iv Owners Association v. Shakespeare, GLOCO, LC, Atlas Tower, LLC, Utah Supreme Court 2016 UT 28 (2016).
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