Bob Theobald filed suit against Park City Planning Commission Chair Sarah Hall and her husband Gerry in May 2023, alleging they violated building and land use rules while renovating their 7-acre property in Park Meadows.
Theobald is also suing city hall, saying it didn’t provide proper oversight and adequate enforcement.
He’s now arguing the Halls altered the community HOA rules, also known as covenants, conditions and restrictions or CC&Rs, to cover up the alleged violations.
CC&Rs are private agreements among landowners, but in this case, Theobald says they are tied to city law.
He claims the Halls removed restrictions, including those set in place by the Army Corps of Engineers when the neighborhood was originally developed in the early 1990s.
“It’s egregious and audacious,” Theobald said. “It’s very special, sensitive land.”
Theobald, who has a background in real estate, is now representing himself in the case against the Halls and the city, citing legal costs. He said he’s unsure if his neighbors, who joined the original lawsuit, will stay with the case. It’s also unclear if the CC&R allegations will be a part of the lawsuit in Third District Court.
The Halls completely reject Theobald’s accusations. Sarah Hall is not commenting on the case. But her husband Gerry said the HOA rule changes were done months before their home renovation even began.
“Our HOA amended the CC&Rs by unanimous consent of the HOA members and not any one individual,” Hall said. “This is normal course of business for the multitudes of HOAs throughout Park City. Our CC&Rs hadn’t been updated in nearly 30 years and were in need of modernization. The amendments were wide-ranging including updates to the architectural standards, color palettes, fractional ownership rules, solar panels, etc.”
Hall added that none of the changes override federal regulations governing the land.
“This is Mr. Theobald’s most absurd and unhinged claim yet,” he added. “It’s merely another chapter in his conspiracy theory tirade he’s been on for the last three years.”
Park City Municipal spokesperson Clayton Scrivner reiterated the CC&R amendments occurred 14 months after the city issued the building permit for the Hall’s property.
Scrivner said “the amendments do not impact the building permit or past city approvals.” He added that the city has spent “countless” hours processing Theobald’s open records requests.
Theobald’s case against the Halls and the city cannot move forward until he formalizes legal representation. Theobald told KPCW he’s unsure whether he will continue to represent himself or bring on another attorney.
