The Utah Department of Commerce Property Rights Ombudsman handed down an opinion about Summit County and the Park City school districts Wednesday.
Ombudsmen are independent government offices tasked with reviewing complaints against other government offices.
PCSD requested the ombudsman’s opinion after Summit County temporarily prevented a construction project expanding Jeremy Ranch Elementary School with new preschool facilities and a before-and-after school space.
The former Summit County manager Tom Fisher said he informed the school district about obtaining proper permits for a different project, but in the case of Jeremy Ranch, the school district didn’t get proper permits before construction began. A school district spokesperson told KPCW other school construction projects have proceeded with permitting occurring simultaneously rather than consecutively.
The county issued a stop work order and notice of violation July 20, 2022. According to the state ombudsman, the school district continued to work on a sewer line, so the county levied a fine.
According to the ombudsman, PCSD eventually complied with the county’s permitting demands for Jeremy Ranch Elementary, but PCSD wanted guidance for its future projects. The district only asked the ombudsman to weigh in on the issue of permitting, not whether the stop work order was lawful.
In their own filing with the state office, the county said it didn't have the authority to weigh in on the issue, but the ombudsman maintained it does have that authority and handed down its opinion.
The ombudsman said, generally, the school district isn’t exempt from any county land use ordinances and affirmed that Summit County acted lawfully when it required the district to get permits for the Jeremy Ranch Elementary expansion.
But the county is "strictly limited" to regulating school construction only when there are health and safety concerns, according to the ombudsman.
"If development at the location is denied, the County must find that it is ‘necessary to avoid unreasonable risks to health or safety,’” the opinion said.
In a statement Wednesday, the school district said it now has all the necessary permits for its current projects, which will be completed by the 2025-2026 school year.
“Through collaboration and shared understanding of the importance of safety and regulatory compliance, we are ensuring that our school projects progress smoothly,” said Chief Operations Officer Michael Tanner. “We appreciate the County’s support and look forward to continued partnership as we strive to create the best educational facilities for our students.”
The ombudsman’s opinion is called an “advisory opinion,” which means it’s not legally binding. It is usually a lower-stakes and lower-cost way to see what an actual court might say and receive guidance on how to move forward.
