Park Meadows resident Bob Theobald claims his neighbors have violated longstanding development rules on their property, which is surrounded by wetlands.
Theobald is suing the homeowners and Park City Municipal in Third District Court. He says the city has failed to enforce the development restrictions on their land.
Theobald also alleges his neighbors altered the community’s HOA rules, also known as covenants, conditions and restrictions or CC&Rs, to cover up the alleged violations.
“They’re planting a wall of trees 600 feet long to block neighbors’ views,” Theobald said. “The city’s attorneys represented in the case just misrepresent the facts, misquote provisions and definitions.”
The neighbors and Park City have repeatedly rejected Theobald’s claims, contending that recent changes on the property were properly approved and comply with local regulations. In court, their lawyers have moved to dismiss his complaint.
The property belongs to Gerry and Sarah Hall, the chair of the Park City Planning Commission.
Gerry Hall previously told KPCW that Theobald is on a “conspiracy theory tirade.”
In a response to their motion to dismiss, Theobald has asked the judge to confirm his finding of violations. He also says the city council should take a deeper look at the rules for the property, claiming that the city’s legal and planning departments have failed to accurately review the case.
Theobald, who has a background in land use, has dropped a separate lawsuit that targeted the city, the Halls and their HOA. That came after an advisory opinion from the state property ombudsman, which found that Theobald lacks standing to challenge the previous land use approval.
Park City’s lawyers also argue Theobald lacks standing in the pending case.
In a statement, a city spokesperson said the outcomes of Theobald’s “repeated claims including the ombudsman’s findings speak for themselves.”
The legal team representing Park City and the Halls will now have an opportunity to respond to Theobald’s new motion filed last week.
