Assertions that the land is geologically unstable are based on "crude analyses" completed in the 1970s, Gibby said. Several geotechnical companies conducted extensive research on the land and found it stable, he said.

Bill Turner, senior geotechnical engineer with Orem-based EarthTech Testing and Engineering, confirmed he spent considerable time on Gibby's land and found it stable.

"It is land that can be built on, in our opinion," he said.

Lundberg disagrees with that conclusion, saying the critical environment status was designated according to city ordinance more than 15 years ago. But Friends of Maple Mountain also feel the effort to rezone the land sets precedent for future lawsuits against the city.

"We believe that any special deal given to a developer, which is the result of litigation filed against the city, creates a greater risk that other future development within the city will lead to similar litigation in the hope of getting similar special deals," Lundberg said.

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