The state Supreme Court’s decision Wednesday, Sept. 10, to retain the case is the latest development in the legal battle among Wasatch County, The Church of Jesus Christ of Latter-day Saints and four Heber residents.
The case began in 4th District Court soon after the Wasatch County Council approved the temple plans in November 2023.
The residents, who live in the Red Ledges neighborhood across the street from the temple site, argued the county acted illegally by using a legislative development agreement to approve the plans.
In July, 4th District Judge Jennifer Mabey ruled in favor of the county and the church, but residents appealed her decision in short order.
The residents’ attorney, Robert Mansfield, said in an email he was pleased the Supreme Court chose to take up the appeal, saying it would likely lead to a faster resolution.
In a letter asking the court to retain the case, Mansfield wrote the appeal could set a precedent for how local governments apply Utah’s county land use laws, known as CLUDMA – an issue that was at the heart of the residents’ challenge.
Deputy Wasatch County Attorney Jon Woodard agreed the appeal could have implications for many other land use lawsuits across the state.
“The county looks forward to the Supreme Court’s review, which has the potential to bring greater clarity to jurisdictional issues and provide guidance for future cases involving land use disputes,” he told KPCW in an email.
Attorneys for the church were equivocal in their brief comments to the court. They said they disagreed with Mansfield’s arguments.
“The Church does not object to the Utah Supreme Court retaining jurisdiction over this matter if it so chooses,” they wrote.
No dates for Supreme Court proceedings had been set as of Thursday.
Meanwhile, the parties are still arguing at the district court level, too. After the church commenced construction on the 18-acre temple site along Center Street, the residents filed a motion to stay – asking the court to prohibit further work on the temple until the appeal process is complete.
A hearing for that request is scheduled for Sept. 18.
The Heber Valley temple plans call for an 88,000-square-foot building with a 210-foot steeple.
When you support KPCW, you support local news that matters to our community.
Keep news local. Donate now during KPCW’s pledge drive.
