Judge Jennifer Mabey on Sept. 19 said the Heber Valley temple construction can’t proceed until the legal controversy over it is fully settled.
She granted an injunction against the Church of Jesus Christ requested by Heber residents who are opposed to the new temple.
“Granting the stay or injunction ensures that if and when the temple is built, it will remain so and not be subject to an order requiring its destruction or removal,” she said.
The 4th District judge’s ruling marks the latest turn in the yearslong lawsuit, in which four Heber City residents argued the Wasatch County Council broke the law when it approved the temple plans in November 2023.
Mabey sided with county and the church in July moving construction forward, and the residents appealed.
The case is now headed to the Utah Supreme Court.
Since her July ruling, the church began work on the 18-acre temple’s Center Street site. That prompted the residents — who live across the street — to to ask Mabey to stop construction until the high court makes its decision.
On Sept. 18, attorney Robert Mansfield argued the residents would suffer irreparable harm if construction went forward.
“If this temple gets substantially built during the pendency of this appeal, how do we remedy that?” he asked. “How do we go in and then ask the church to tear it down?”
Mansfield said he wanted the judge to preserve the status quo — no construction — as long as the appeal is ongoing.
Attorney David Jordan, who represents the church, pushed back.
“The first words out of Mr. Mansfield’s mouth were, ‘We need to preserve the status quo here,’” he said. “He then mischaracterized the status quo.”
He said the church has long had the right to build but delayed “in deference to” the court.
Jordan said the court should require a bond from the residents if it granted the stay: He estimated delaying the temple by up to 18 months and would add between $7.8 million and $11.4 million to construction costs.
“We have a right to build the temple,” he said. “Not to build it next year — we have a right to build it today.”
Sept. 19, Mabey disagreed. Jordan said he may ask the Utah Supreme Court to overturn the injunction halting construction.
Mabey directed the residents to post a $10,000 bond while the injunction is in place.
