The state of Utah no longer faces legal action from Summit County over a bill the state legislature passed earlier this year.
Summit County sued in March over Senate Bill 84, which aimed to allow developer Dakota Pacific to proceed with commercial and residential development on land it owns in Kimball Junction. The county said the bill circumvented local land use processes and called it “unconstitutional, legislative cronyism.”
But claims about constitutionality and all other claims against the state of Utah are now moot. That’s because in June Third District Court Judge Richard Mrazik ruled S.B. 84 doesn’t actually apply to Kimball Junction because of the way it is worded.
The Utah Attorney General’s Office is obligated to defend claims that state laws are unconstitutional in court, so because the law is no longer an issue, it’s been released from the lawsuit.
The state was released “without prejudice” Aug. 29, meaning it could be renamed in the lawsuit if Dakota Pacific successfully appeals June’s ruling, as it said it plans to do.
Before any appeal, however, the developer said it plans to respond to the primary pending motion: the county has asked the court to determine whether the development agreement applies, now that S.B. 84 doesn’t.
The Summit County Attorney’s Office expects the entire lawsuit will be over and won if Mrazik affirms the development agreement. Dakota Pacific’s lawyers don’t see things the same way and are expected to file a response Tuesday, Sept. 5.
