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Draper residents take city to court over property

DRAPER (Deseret News) — It's come down to a battle between a city law and private property rights.

A Draper couple is taking the city to court, appealing the City Council's denial of the residents' plans to landscape their backyard.

John and Angela Dayton, who moved to the south valley suburb from New York in June 2009, want to build retaining walls, plant grass in a flat play area for their kids and fence their total property in the Corner Canyon Vista subdivision.

But their .35-acre property includes a chunk of yard with a "limit-of-disturbance" designation, meaning that in order to keep the natural vegetation preserved, no "clearing, grubbing, building, construction or fencing" is permitted, according to city code.

"We want to be able to enjoy usable property that we own and are taxed for owning," John Dayton said in an e-mail to the Deseret News. "This is a situation where a bad law was created. No one can tell us why it exists, what the exact limits of disturbance are or why (it) exists on our particular plat, which contains none of the features seen in other properties that have (the same restrictions)."

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