The owners of The Preserve, formerly Cascade Capital Group, in West Hills say Kamas-area residents illegally conspired with the city to drum up public opposition to their proposed town.
About 47 registered voters within the 3,600-acre area between Kamas and Hideout will head to the polls to decide whether to incorporate this November.
However, the Kamas Valley Preservation Association is suing to block it from the ballot. Residents opposed to West Hills incorporated KVPA as a nonprofit this year and say they’re pursuing nonprofit tax status with the federal government.
Now West Hills supporters are suing KVPA, and Kamas City, where the city council passed a resolution in April supporting KVPA and opposing a new neighboring town.
The plaintiff is an LLC that holds 266 acres in West Hills called “The Preserve,” which is owned in part by Sam Castor. Castor’s Las Vegas law firm Lex Tecnica filed the lawsuit Aug. 28 in Utah’s U.S. District Court.
The Preserve is suing in part under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act and the state-level version, Utah’s “pattern of unlawful activity” law.
It wants Utah’s federal court to order Kamas to rescind its April declaration of support for KVPA, and it’s seeking economic damages from the various defendants.
KVPA members Jeramy Bristol and Lindy Sternlight are named as defendants, as is Kamas Mayor Matt McCormick.
“We will respond to these charges in due time,” KVPA attorney Janet Conway told KPCW. “However, we want to be clear that our clients have done nothing wrong. They are simply trying to protect theirs and their neighbors' Utah constitutional rights.”
The Preserve’s lawsuit also names Craig Savage, who it claims is a Tuhaye homeowner paying KVPA’s legal bills. Savage and McCormick did not immediately respond to requests for comment Aug. 29.
West Hills’ supporters had put both Summit County and Kamas City on notice for lawsuits earlier this year, arguing that elected officials should remain neutral on incorporation.
State court records indicate Summit County had not been sued as of Aug. 29.
Michael Judd, an attorney at Parsons, Behle & Latimer, also represents KVPA. Parsons, Behle & Latimer is a financial supporter of KPCW.
