The ten landowners suing to block the incorporation of West Hills agree with attorneys for Utah lawmakers who say the Legislature shouldn’t be a part of the lawsuit.
The two parties agreed to dismiss the Utah Legislature from the case June 27.
In seeking a dismissal, landowners concurred with state attorneys who said that, although that law was written by legislators, they don’t have a role in enforcing it. That falls on Lt. Gov. Diedre Henderson, who the parties agree is the proper government defendant.
The lawsuit filed in May argues the process of drawing the boundaries around the 3,600-acre town of West Hills has been unconstitutional.
The 10 plaintiffs say some of them weren’t notified when they were included in town boundaries, some never got a chance to be excluded and others who are adjacent to the incorporation can’t vote on it this November — only the 47 voters within the final boundaries can.
Town sponsor and real estate attorney Derek Anderson hasn’t responded yet in court, and his attorney William Kimball didn’t respond to a request for comment June 30.
The lieutenant governor’s office has responded in court, saying it simply enforced the law as written.
The landowners’ attorney Janet Conway asked 3rd District Judge Matthew Bates for a summary judgement earlier this month, which could end the case before the November election.
Besides striking down the allegedly unconstitutional parts of incorporation law, the lawsuit also wants the incorporation election called off.
No hearings have been scheduled.
