For the last two years, most of the 427 lots in Hideout’s new Golden Eagle subdivision have been sitting empty because the town has not issued building permits to property owners.
Dennie Hammer and his wife are two of those owners. They bought a plot of land in Golden Eagle two years ago. They moved from Wyoming so they could be closer to family in the area, but things haven't worked out the way they anticipated.
“We've been living in a one-bedroom apartment now for a year and a half," Hammer said. "And that's been, I wouldn't say unpleasant, but it's not what we had previously hoped for, put it that way.”
Amid legal wrangling between the town and the developer, Mustang Development LLC, Hammer and his would-be neighbors have been holding onto empty lots because they haven’t been able to get building permits.
“Quite a few landowners have had to sit idly by paying their taxes, and their homeowners association fees, and all these sort of noxious weed control fees, and everything else," he said. "And all of us have been unable to do anything with that property but look at it.”
But now, there may be hope for lot owners. Monday the town issued a notice saying it would begin processing building permit applications which had previously been held up because of a few specific concerns.
That comes after the Utah Fourth District Court issued two injunctions, one in May and one in June, preventing the city from denying building permits for specific reasons, including failing to provide a storm drain plan, or failing to construct gravel shoulders along interior roads. The court decided those concerns are no longer factors and ordered the town to proceed with those applications.
In a previous order last July, the court said Hideout could not refuse to issue permits without a valid basis, or out of retaliation for Mustang’s legal action against the town.
While the most recent injunction prohibits the city from denying applications for the reasons outlined in the ruling, the court also said the town could still deny building permits for other reasons.
And if a property owner gets a building permit, that doesn’t mean they can live in the home they build. The court said the ruling “may or may not apply” to certificates of occupancy, which are granted based on a different set of rules.
Furthermore, the court said the most recent ruling doesn’t replace an agreement between Mustang and Hideout that allows for only 30 building permits until a second access road is built. The court noted that Mustang suggests the town may attempt to prevent construction of the second road but said that is "an issue for another day."
Regardless of what happens next, Hammer said he’s done with the property and plans to sell. The couple decided to build in Francis instead.
“It's been frustrating, but we're moving on," Hammer said. "We've chosen a different route. And I think we'll be happy. And we're looking forward to becoming Utah residents and enjoying our time here.”
In a statement emailed to KPCW, Hideout Town Attorney Polly McLean said the town accepts the court order.
"The Town of Hideout has been diligently working to ensure that the required infrastructure for the issuance of residential building permits was in place so that landowners wishing to build homes in Golden Eagle could proceed," McLean wrote.
"As a result of ongoing work, including on the water system, the Court determined that the Town’s remaining concerns no longer applied to building permits. Therefore, the court instructed us to proceed with building permits."
In its notice to Golden Eagle property owners, the town said pending applications will be processed in the order they were submitted. Info on pending applications can be found on the City Inspect online portal. The town also asked for patience and said phone calls to the city will interrupt staff from processing the applications.
