Under Utah law, property owners need only to establish that the use legally existed before the law was written and nothing else. A local ordinance requiring more than that conflicts with state law, Bateman said.

Zoning officials said the property was never a legal two-family home and failed to have separate utility meters until Davidson put them in with city approval.

"Mr. Davidson's evidence fails to demonstrate that a two-family dwelling was legally established. The evidence that more than one family lived in the structure for some periods of time is largely irrelevant," Camille S. Williams of the city's legal department wrote in response to Bateman's opinion.

City officials couldn't find a building permit that showed when the apartment was built.

The city's refusal to recognize the basement apartment as legal has created "a lot of outrage" among other landlords in the area, Davidson said.

Bateman called it "remarkable" that Davidson was able to find tenants who lived there more than 35 years ago, even if the city contendss that it's irrelevant.

To Davidson, it's a "common coincidence."

E-MAIL: rodger@desnews.com