Despite the Utah Legislature voting to repeal the law allowing the town of Hideout to begin annexing Richardson Flat in its Aug. 20 special session, court filings this week show Hideout intends to proceed with the annexation before the new bill officially becomes law.
When House Bill 359 was repealed and replaced by the Utah State Legislature, the clock started on a 60-day period before the new legislation, House Bill 6007, officially goes into effect.
Summit County sued Hideout over the original annexation on July 31 and was granted a temporary restraining order on Aug. 4, barring Hideout from taking any further action. A decision on that lawsuit is scheduled to be handed down in Utah’s 4th District Court on Sept. 3 but court filings this week argue Hideout has the ability to proceed with the Richardson Flat annexation before the new legislation becomes law on Monday, Oct. 19.
Hideout is arguing to dismiss Summit County’s lawsuit based on the town’s repeal of its original annexation resolution on Aug. 14. Additionally, Hideout filed a notice on Tuesday notifying the court of its “opportunity to re-initiate the annexation process” due to the 60-day waiting period before the new law goes into effect. The waiting period is required in the Utah State Constitution.
In the notice, Hideout says their ability to initiate a new annexation process does not violate the court’s Aug. 4. temporary restraining order. Hideout argues the order expired on Aug. 18 and did not consent to any extension.
Summit County filed a motion to strike the notice later on Tuesday and claims Hideout acknowledged that the restraining order was still in place in court documents filed on August 20th. Summit County argues the restraining order is still in place until the Sept. 3 ruling and says it will consider any efforts by Hideout to move forward with the annexation before then as being in contempt of court.
Summit County is expected to officially respond to Hideout’s motion to dismiss the July 31 lawsuit on Thursday.