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Judge decides to hear Summit County’s motion for early judgment in June

Will Skullcandy get some new neighbors? The county could decide Wednesday.
Connor Thomas
Skullcandy, currently the only tech office in the Summit Tech Park.

After Tuesday’s hearing on a possible injunction, a Third District Court judge put all deadlines on hold to decide what the order of future proceedings would be in Summit County’s lawsuit against Dakota Pacific and the state of Utah.

Judge Richard Mrazik announced Wednesday he would hear oral arguments on one of the county’s motions for partial summary judgment first.

The county moved for the partial early ruling because it believes part of its case is obviously correct and hasn't been contested by countervailing evidence. The county filed two such motions in this case.

Mrazik elected to hear the motion for partial summary judgment on the county’s third claim for relief first: that Senate Bill 84 does not apply to the tech park land at all.

That’s the bill Summit County has characterized as state overreach and which they originally sued the state and developer Dakota Pacific Real Estate over in March.

What’s at stake is a mixed-use development in Kimball Junction at the Summit Tech Park. The developer has argued S.B. 84 gives it the right to build that development without going through county rezoning processes.

Summit County’s argument for why the bill does not actually apply to the area in Kimball Junction hinges on two things: whether the proposed development is within ⅓ of a mile of a public transit hub and whether the developer submitted a land use application before Dec. 31, 2022.

The hearing on June 15 will focus on Summit County's third claim against Dakota Pacific: that S.B. 84 doesn't apply to the tech park land at all.

First, Summit County argues that the Kimball Junction transit hub doesn’t fit the definition of a public transit hub under Utah Code.

Second, the county says the plans Dakota Pacific submitted for the tech park do not fit the definition of a land use application under Utah Code.

Judge Mrazik has given Dakota Pacific until May 5 to respond to Summit County’s arguments for an early judgment. The state of Utah was not named as a defendant by this particular claim.

The county’s deadline to file a brief replying to the developer’s reply is May 26. Then, oral arguments will be heard in person at the Silver Summit Courthouse on June 15.

Deadlines related to the county’s other motion for early judgment and the defendants’ separate motions to dismiss the case are paused for now.

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