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Less than a month before the Nov. 4 election, a 3rd District judge has stopped a vote on what would have been Summit County’s newest town.
Judge Matthew Bates’ Oct. 14 ruling sides with nearby landowners who opposed incorporating “West Hills” between Kamas and Hideout.
The decision is a reversal for Bates, who previously said he wouldn’t act until after the election, and then only if voters chose to incorporate.
It follows an Oct. 1 final plea from the 10 landowners who sued to stop the election, citing court’s duty to settle election-related issues before a vote. They also said overturning a successful incorporation after an election would cause practical questions for all involved.
Ballots have already been printed — and mailed — but what the estimated 47 voters within the 3,600-acre proposed boundaries select may no longer matter.
KPCW has reached out to the Summit County Clerk’s Office for information on what happens to the invalidated ballots once they are cast.
Peter Watkins, a spokesperson for town sponsor and Salt Lake-based attorney Derek Anderson said the town’s proponents “are evaluating all options including an appeal.”
Anderson’s legal team opposed a pre-election ruling in a filing Oct. 6.
“Whatever ruling the court might make now would surely be subject to an emergency appeal to the [Utah] Supreme Court by one side or the other,” the court papers state.
One of the plaintiff’s attorneys, Michael Judd, is a shareholder at Parsons, Behle & Lattimer, which is a financial supporter of KPCW.
This is a developing story.
