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Developer Slams Town Of Hideout, Its City Planner, With Major Lawsuit In Fourth District

The Town of Hideout is being sued in Fourth District Court by the development company that has played a central role in the build-out of the Wasatch County community.

Mustang Development says that Hideout, and its city planner Tom Eddington, have falsely stated that the company has no more entitled density left to build in the town.

The suit is asking for a court ruling against the town, and is claiming damages of $100 million against Eddington and his planning firm.

In the lawsuit, filed on April 7th, Mustang says that for over 18 years, it’s been a major player in development on the east side of Jordanelle—an area where Hideout was incorporated in 2008.

In 2010, the company and Hideout entered into a Master Development Agreement (or MDA) which provided that Mustang can develop 1975  Residential Dwelling Units.

The lawsuit says that over the years, Mustang and its sub-developers have obtained approvals for 11 projects, adding up to a little over 1000 units.    The company said it still has substantial density left, some 952 units.

However, the suit alleges the town recently began a “overt misinformation campaign” including two reports in April from Eddington, a former planning director for Park City.   His firm, Integrated Planning and Design, allegedly reported that Mustang has no density left under the MDA.

Among the alleged falsehoods, Eddington reported that the density given to Mustang was inaccurately calculated.     The suit says Eddington created a requirement out of thin air that before any additional residential is constructed, amenities for retail, dining and entertainment have to be built.

Furthermore, Eddington mistakenly attributed 420 units to what is called “The Outside Property” and deducted that from Mustang’s density.      That parcel is 280 acres located in Summit County.     The lawsuit says that Summit has zoned the Property for just 3 units; it has not been annexed by Hideout; and it likely won’t be, given Summit’s legal battles with the town.

Mustang says the falsehoods have been disseminated to residents, owners and prospective purchasers.    In particular, the defendants supposedly scuttled a proposal by Mustang to sell the Outlaw Golf Course to the community’s HOA.     The developer withdrew the plan on May 5th because of the defendants alleged false statements that the golf course couldn’t be developed since there was no density left.

The suit says the falsehoods also led the Hideout Planning Commission to deny applications for phases of the Shoreline Development.

Mustang alleges that Eddington’s firm, Integrated Planning and Design, made false and derogatory statement, and is asking for damages against it of at least $100 million.    It’s also asking the court for a Declaratory Judgment against Hideout, striking down the planner’s conclusions.

In response, Hideout Town Attorney Polly McLean said in a brief statement that the town categorically denies any wrongdoing, and that two recent letters from Mustang and its principal, Bob Martino, are false and inflammatory.

The statement makes little reference to the litigation, except to say the town is dismayed by unwarranted lawsuits.     It says, “This vendetta against the Town is unfounded and unfortunate.”

Known for getting all the facts right, as well as his distinctive sign-off, Rick covered Summit County meetings and issues for 35 years on KPCW. He now heads the Friday Film Review team.
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