Attorneys for landowners supportive of West Hills, including town sponsor Derek Anderson, allege local officials have violated state ethics and neutrality laws.
In letters to Summit County and Kamas earlier this month, they say councilmembers and employees are interfering in this November’s election. That’s when 47-or-so voters within the proposed town boundaries will vote on whether to incorporate.
The Kamas City Council passed a resolution in April opposing incorporation and supporting a group organizing against it, the Kamas Valley Preservation Association.
A May 2 letter, obtained by KPCW through a public records request, is signed by attorneys from Kimball Anderson where West Hills’ sponsor is a founding partner. It says Kamas is violating a section of Utah law barring governments “from expending public funds on certain electoral matters.”
The resolution passed 5-0 after Councilmember David Darcey requested changing some of the wording.
“Our attorney did vet it and felt like it was good to go. So I don't know if that, if that helps you feel better or not,” Mayor Matt McCormick said early in the meeting April 22.
“It does not make me feel better at all. I would rather take the time and get it more lawsuit-proof,” Darcey said.
Councilmember Jessica Bateman expressed fears about taking a position as a city but said councilmembers should take positions as individuals.
The West Hills attorneys suggest even that might be unlawful.
They say individual Summit County officials violated the law when they spoke publicly about incorporation.
A May 9 letter sent to the county and obtained by KPCW lists articles from KPCW and The Park Record in which county officials, identified by their official titles, express concern over incorporation.
It also alleges Summit County “used public funds to finance a billboard on Highway 248 [sic] near the boundaries of the proposed town, featuring anti-incorporation messaging.”
Summit County Manager Shayne Scott said the county can’t comment on pending litigation but said he does not know what billboard West Hills attorneys are referencing.
“A billboard referring to West Hills and their proposed incorporation was never contemplated nor was it authorized and any assertion to the contrary is preposterous,” Scott wrote.
Town sponsor Derek Anderson didn’t respond to KPCW’s request for comment May 20, nor did Kamas Mayor Matt McCormick.
The letter from Anderson’s attorneys accuses McCormick of violating ethics laws by not disclosing a “recorded partnership” with a founding member of the Kamas Valley Preservation Association. The letter does not specify the nature of the partnership.
“Kamas City previously had the opportunity to annex [West Hills], but chose not to after keeping landowners waiting for over a year and a half. Now it seeks to control the same land, despite lacking jurisdiction,” the Kimball Anderson attorneys write. “It's puzzling.”
They say Kamas City may be liable for $500,000 or more in damages and want the council to rescind its resolution. If the city doesn’t act within 60 days, the attorneys say they’ll file a lawsuit.
Their letter to Summit County states the same damages and states county officials should stop influencing the incorporation process and “implement measures to restore election neutrality.” Under Utah law, the county also has 60 days to respond, after which the authors of the letter may sue.
May 13, Derek Anderson was hit with a lawsuit of his own, along with Utah’s lieutenant governor and state legislature. Opponents of West Hills sued them, calling incorporation laws unconstitutional.
Neither state officials nor Anderson have filed a response in 3rd District Court.
Summit County is a financial supporter of KPCW. For a full list, click here.
