The request is laid out in separate June 13 court filings by attorneys for the Utah Legislature and Lt. Gov. Dierdre Henderson.
The documents are a response to the area landowners’ May lawsuit that seeks to stop a vote to incorporate West Hills, a proposed town between Kamas and Hideout.
The opponents of West Hills also say parts of Utah’s incorporation law is unconstitutional. They say some people weren’t notified when they were included in town boundaries, some never got a chance to be excluded and that others who are affected by incorporation can’t vote on it — only 47 voters within the final boundaries can.
But attorneys for state lawmakers say that although they make the laws, the Legislature is protected from prosecution by immunity laws. As for the lieutenant governor, her attorneys argue her office simply enforced the law as written and didn’t do anything wrong.
Town sponsor and real estate attorney Derek Anderson is also a defendant in the case but had yet to file a response as of June 18.
In the meantime, the ten landowners who are suing want 3rd District Judge Matthew Bates to make an early ruling that the process has been unconstitutional.
They filed for what’s called “summary judgement” June 16. That means they believe that certain facts in the case aren’t being disputed and the judge should be able to plainly see Utah law has applied to residents differently — and unfairly — during the incorporation process.
The plaintiff’s attorney Janet Conway could also ask the court for an injunction to stop the West Hills election this November while Judge Bates works through the case. But she has told KPCW she thinks there’s enough time to get through the case before then.
A hearing hasn’t been scheduled.
