Writing in his decision that “any claimed damages it incurs may be self inflicted,” a district judge ruled Friday that Wasatch Peaks Ranch must temporarily halt further land development.
Second District Judge Noel Hyde issued a temporary restraining order against the private ski area and Morgan County. The order was requested by five county residents who had won the right to put to referendum the zoning laws under which Wasatch Peaks Ranch had been developing. Those laws were approved in 2019 by the Morgan County Council, which changed most of the 12,700 acres under the ski and golf resort from “forestry” and “multiple-use” to a “resort special district.”
The residents filed for a referendum shortly after the council’s approval. In September, Judge Hyde made the decision to allow the referendum. The county and Wasatch Peaks Ranch have since filed an appeal that is expected to be heard by the state Supreme Court.
According to state law, if a zoning law change is subject to a referendum, the original zoning remains in place until citizens have a chance to vote on the change.
However, less than two weeks after the request for the referendum was approved, Wasatch Peaks Ranch developers requested approval of permits for their “plat 3A” subdivision, using the zoning approved by the county council.