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Judge sides with former Park City planning official in land use dispute

Last year a separate Third District Court judge dismissed several claims in the lawsuit and dismissed Park City Municipal from the case.
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Last year a separate Third District Court judge dismissed several claims in the lawsuit and dismissed Park City Municipal from the case.

A judge has ruled in favor of the former chair of the Park City Planning Commission in a neighborly land use dispute. The opposition has asked the court to reconsider a previous ruling.

Third District Court Judge Matthew Bates granted a motion for summary judgement Sept. 22 that was requested by former Park City Planning Commission chair Sarah Hall and her husband Gerry.

Several neighbors sued the Halls in 2023, alleging they violated property restrictions on their lot near McLeod Creek while undergoing a renovation.

They claimed the Halls did not go through the proper process to plant trees and excavate a well on their lot.

In the ruling, Bates found that the Halls were not required to file applications to do either of those activities.

Sarah Hall previously served two terms on the Park City Planning Commission. Hall was the chair of the commission when the lawsuit was filed.

Last year a separate Third District Court judge dismissed several claims in the lawsuit and dismissed Park City Municipal from the case.

On Oct. 2, one of the neighbors filed a motion for the court to reconsider and vacate that order. The neighbor, Bob Theobald, claimed the Halls’ landscaping violated the neighborhood’s legal regulations.

Earlier this year, the Utah Court of Appeals ruled that the district court ruled correctly when it dismissed a separate but similar land use case Theobald brought against the Halls.