Park Meadows resident Bob Theobald filed a petition for review in 3rd District Court earlier this year, alleging his neighbors violated longstanding development rules on their properties surrounded by wetlands near McLeod Creek.
Theobald also argued Park City failed to properly enforce its own restrictions for these sensitive lands.
The neighbors and the city have repeatedly rejected Theobald’s claims, which were also denied by a city planning commission appeals board.
Theobald then sought a judicial review from the 3rd District Court and an opinion from the office of the Utah Property Rights Ombudsman. In August, the ombudsman said Theobald had no legal standing to bring the case.
After that, Theobald petitioned the court to voluntarily dismiss the lawsuit.
Third District Court Judge Richard Mrazik denied that request, saying it was moot in light of his review, which found Theobald never had a legal right to bring the lawsuit because he was not an “adversely affected party.”
“[Theobald] neither owns property that adjoins either of the parcels at issue,” court documents state. “Nor has he sufficiently alleged that will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.”
Mrazik instead dismissed the case with prejudice Sept. 26, meaning Theobald cannot bring the same matter back to court.
In a statement to KPCW, Park City Municipal spokesperson Clayton Scriver said the city is pleased with the court’s decision.
“We hope this ends a case that needlessly pitted residents against residents and wasted both taxpayer money and city resources,” Scrivner said.
But Theobald says he’ll continue to fight. He has filed an objection to the dismissal, saying Judge Mrazik lacked jurisdiction to hand down a substantive ruling.
A separate lawsuit Theobald filed in 2023 is still pending. That case similarly targets his neighbors and Park City over alleged land use violations.
In the case, Theobald claims his neighbors Sarah and Gerry Hall didn’t comply with restrictions on their property while undergoing a renovation project.
The Army Corps of Engineers, which oversees sensitive wetlands, opened an investigation of “potential unauthorized activity” on the Hall’s property and in 2023 sent them a letter asking for more information. The Army Corps has declined KPCW’s requests for comment on the investigation.
Sarah Hall is the chair of the Park City Planning Commission, which is charged with reviewing and approving land use applications in the city.
Theobald has accused Hall and the planning department of failing to disclose or interpret information he believes pertains to restrictions on the Hall’s property. He claims a 1999 ordinance sets a precedent for development of sensitive lands and should have been considered when reviewing the Hall’s application.
The Halls and Park City reject those accusations. Park City Attorney Margaret Plane previously told city officials Hall did not engage in any illegal behavior in her capacity on the planning commission.
The Halls and Park City have moved to dismiss the lawsuit.
The court will consider that motion at a hearing Oct. 15.
