Brian McDougal, an attorney for the property owners, said condemning property involved in the disconnect lawsuit would violate a court ruling to preserve the status quo while the city's appeal is considered.

If a resolution can't be reached by the two sides and Bluffdale begins the eminent domain process, the attorney said the Supreme Court will be asked to examine the order and modify it, if necessary, to preserve status quo.

Todd Weiler, Bluffdale's city attorney, said the city is preserving status quo by continuing to conduct business of the city.

"(Property owners) want to act like everything is tied up in the disconnect lawsuit, but it's not," Weiler said.

Dave Millheim, managing partner for South Hills Development, said he expects another court battle if Bluffdale condemns the land.

"Pending action tonight, we clearly will be back before the Supreme Court immediately to protect our rights," said Millheim, whose company represents a significant portion of the land in the disconnect lawsuit. "I have full confidence in the Supreme Court's wisdom in basically clarifying that Bluffdale shouldn't be messing with it."

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