Third District Judge Matthew Bates said he’s waiting until after Nov. 4 to rule on the constitutionality of West Hills incorporation.
That’s because, if the 47 voters in the 3,600-acre proposed boundaries decide not to incorporate, the ongoing controversy over creating the new town west of Kamas might not matter anymore.
Last month, he invited the plaintiffs suing to stop the town to make one last argument and make the case for ruling prior to the November election.
Attorney Janet Conway filed those court papers Sept. 26.
According to Conway, postponing a ruling on whether West Hills should even go to a vote has “negative impacts from uncertainty.” Ruling now would resolve the uncertainty and, she writes, it’s the duty of a court to resolve election-related questions before a vote.
She also made the case that overturning a successful incorporation election after the fact would cause practical problems for all involved.
But, if those arguments fail, Conway is also asking Bates to order the Summit County clerk to delay counting the votes on West Hills until he rules whether the town is allowed under the Utah Constitution.
Attorneys for the town sponsor, Salt Lake City-based attorney Derek Anderson, have 10 days to respond.
Utah Lt. Gov. Diedre Henderson is also named as a defendant, but her legal team hasn’t taken a position on the constitutionality of the incorporation. They only say they applied the law as written.
Another of the plaintiffs’ attorneys, Michael Judd, is a shareholder at Parsons, Behle & Latimer which is a financial supporter of KPCW.
