Sent in April and May, the letters claim Summit County elected and appointed officials violated state law by expressing concerns about incorporating a new town between Hideout and Kamas.
Summit County Manager Shane Scott said the county’s attorneys are reviewing the letters from Kimball Anderson and Lex Tecnica. The former is the law firm co-founded by the proposed town’s sponsor, and the latter was co-founded by a major landowner who supports the effort.
“We're obviously taking any kind of a legal filing or any kind of a claim very seriously,” County Manager Shayne Scott said on KPCW’s “Local News Hour” June 24.
But Scott said officials may still continue to express their personal opinions.
“Especially the county council, they have a First Amendment right to have an opinion about almost anything,” he said. “We, as staff, maybe are trying to be a little bit more careful. But again, I've reviewed the comments, and I'm not concerned about that at all.”
What’s not allowed, according to Scott, is disparaging or defaming people.
“I don't think that's what happened here. I think we've always commented on a proposed incorporation in our community and how that would affect us,” Scott said. “If you look at the paperwork involved in that incorporation, they're asking the county to provide services to that area. That's going to affect us, and we have an opinion about that. And that's going to affect taxpayers and those in the Kamas Valley.”
Utah law generally prohibits governments as a whole from taking a stance on ballot items.
That’s why the pro-West Hills landowners want the Kamas City Council to rescind its April resolution opposing the town. The city was included in the recent volley of cease-and-desist letters. City officials haven’t commented publicly on any potential litigation.
As of June 24, there is only one active lawsuit over West Hills, and that was filed by residents who want to stop it.
They want a 3rd District judge to take incorporation off the November ballot. Only the 47 voters within the 3,600-acre proposed boundaries can decide whether to incorporate or not. Opponents say the process of drawing the boundaries has been unconstitutional.
No hearings in that case have been set.
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