Aspen developer files new petition

The developer who plans to build the town of Aspen in Wasatch County is again asking the Utah Supreme Court to intervene on its behalf.

This time, however, Dean Sellers' company, the West Daniels Land Association, is taking aim at the nearly 2-year-old town of Daniel.

West Daniels attorneys filed a second petition for extraordinary writ in the nature of mandamus to the state's high court Monday.

Their first petition, which asks for expedited oral arguments, was filed Dec. 18 and has yet to be heard by the court. In that petition, Sellers' attorneys say that Wasatch County Clerk/Auditor Brent Titcomb acted outside of his authority when he denied a Nov. 8 petition to incorporate the town of Aspen.

Sellers says it's his dream to build a world-class town in the mountains south of Heber City.

But many of the 100-plus residents within the proposed boundaries of Aspen scrambled to circulate a petition to annex into the nearby town of Daniel.

Their filing Nov. 8 beat Sellers' petition by about seven hours, meaning the two petitions were in conflict, Titcomb says, so he denied Sellers' incorporation petition because it was filed later.

Sellers' attorneys argue that such a denial can only come from the Wasatch County Council, and that the Supreme Court should overturn Titcomb's decision.

The town council has yet to hold a public hearing to ratify the annexation to accept the new residents.

Sellers' attorney Steve Clyde has called the annexation petition "sloppy" and "riddled with deficiencies."

The new petition to the Supreme Court asks the court to overturn Daniel town recorder Marilou Hall's decision to certify the petition that residents filed to annex into Daniel.

It also asks whether Hall acted illegally by allowing the annexation petition to be modified and supplemented without treating it as newly filed and whether an unsigned one-page map is legally recordable.

Sellers' attorneys also want the court to rule whether Daniel, which they say doesn't have an adequate annexation policy plan, can annex unincorporated territory and whether the town can benefit the annexed area by providing municipal services.

Daniel Mayor Mike Duggin said in a prepared statement that he doesn't see how the West Daniels Land Association has any legal standing to petition the Utah Supreme Court.

"As far as I understand, this nonprofit corporation does not even own any real property in the proposed Storm Haven annexation boundary," he said. "The procedures laid out in state code related to annexation are quite clear, and we are following the code to the letter."

According to West Daniels' petition with the court, it has no legal standing to challenge the annexation petition, which is why it's asking for the extraordinary writ of mandamus.

Daniel officials expect to hold a public hearing this month related to the annexation petition.

---

E-mail: jdougherty@desnews.com