A small group of Heber City residents filed a referendum petition in January 2025, seeking to undo the council’s decision to annex 95 acres in the North Village.
The city denied their application because the annexation was approved in December 2024 and residents must seek a referendum within five days.
However, the residents argued the five-day clock should have begun later, because the annexation was contingent upon the council approving two master development agreements in January 2025.
In a ruling Friday, May 29, the Utah Court of Appeals disagreed. Judges said they were “not unsympathetic,” but the residents missed their deadline.
“The ballot referendum challenges the ordinance and not the development agreements, and thus the application was required to be filed within five days after the ordinance passed on Dec. 17, 2024,” the ruling says.
The appellate ruling confirms the judgment of 4th District Judge Jennifer Mabey, who ruled in favor of the city in July 2025.
City spokesperson Ryan Bunnell said Heber staff welcome the ruling.
“It’s our desire at Heber City Corporation to follow the law,” he said. “This is important for a government entity, and that shows respect to all citizens and process.”
The North Village was zoned for mixed-use development by the county before the land was annexed into Heber City. It will include two large developments: The Slope (previously known as Harvest Village) and the Crossings.
The Slope broke ground in April southwest of the intersection of U.S. 40 and River Road.
Heber City resident and former mayoral candidate Mike Hewlett filed a separate lawsuit against the city in June 2025. He argues the city was wrong to reject his application for a referendum to undo the creation of two public infrastructure districts in the North Village.
The next hearing in the case is June 29.
Heber City is a financial supporter of KPCW.
