Construction season is coming soon—and Summit County does not want Dakota Pacific Real Estate to get started with the project it wants to build at Kimball Junction.
Third District Court Judge Richard Mrazik will hear arguments on the county’s request for a preliminary injunction on April 18 at 11 a.m.
If Mrazik grants it, that would prevent Dakota Pacific from building a mixed-use development while the lawsuit works its way through the court system. Summit County Attorney Margaret Olson filed the motion seeking an injunction last week.
The court action comes after the Utah Legislature passed Senate Bill 84. Summit County accused Dakota Pacific of “plunder[ing]” the legislative process by lobbying for language in the bill that goes around local zoning.
Currently, the land in question is zoned for tech offices and parking, not mixed-use commercial and residential.
Olson filed a couple other early motions last week asking the court to declare the county’s existing development agreement with the developer supersedes S.B. 84.
But in court documents announcing the new hearing date, Mrazik announced those early judgments are on ice. They will be discussed at a later hearing.
The hearing on April 18 will only be about the preliminary injunction.
Utah law allows injunctions cases satisfying four conditions: the plaintiff—Summit County—has a good chance of winning, the plaintiff will be irreparably harmed without it, that harm outweighs the harm the court would cause and the court’s action won’t harm the public.
Despite there being four prongs, Mrazik has said he only wants to hear arguments on the possibility of irreparable harm. The only question will be whether Dakota Pacific’s building during the lawsuit would do irreparable harm to Summit County.
Oral arguments will not be at the courthouse; instead, they will happen remotely via Webex video conferencing here. Attendees can also call (408) 418-9388. The meeting number and access code are 963 924 258.
