Utah Department of Transportation v Target Corporation and Weingarten/Miller/American Fork LLC

Department appealed the award of severance damages in this condemnation case. The panel affirmed. It held target and Weingarten proved loss of visibility damages as the impairing structure only be partially built on the claimants land under Utah precedent and at least some of the structure here is built on land owed by Target or Weingarten and the best understanding of the structure is the entire interchange which altered the visibility of the shopping center at issue here as it is an interconnected structure and it thus makes no sense to limit the analysis to the small portion built on Target and Weingarten’s property, adopting this rule will limit Department’s ability to subdivide projects to its litigation advantage and is consistent with Utah Supreme Court precedent in the area. It held evidence from the appraiser which gave an opinion of diminished value from the loss of a certain exit at the shopping mall and the loss of visibility without a breakdown of value between the two was sufficient here to prove the total diminishment of value.

Zen Healing Arts LLC et al. v Department of Commerce, Division of Occupational and Professional Licensing

Zen appealed the denial of its declaratory judgment challenge to a rule defining “manipulation” for massage therapy purposes. The panel vacated the judgment holding Zen lacked standing to challenge the rule as it was adopted after it was cited for unauthorized massage therapy and it was not an appropriate party to bring the challenge as it was brought on behalf of third parties likely to be cited under the rule, but, those third parties are capable of challenging the rule themselves.