Aspen developer files new petition
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
Recent comments
Maybe it would have been better for Mr. Sellers to have worked with...
Daniel Girl | Jan. 14, 2008 at 2:30 p.m.
A story like this would be easier to understand with some sort of map...
Lyman DeKoquonut | Jan. 13, 2008 at 8:46 a.m.
- Hollywood glamour at Gaultier 1:58 p.m.
- Canal breaks, causes landslide in Logan 1:52 p.m.
- Reptile Lou won't eat 1:06 p.m.
- Three injured in South Ogden shooting 1:05 p.m.
- Upsets at Saturday's State Am 12:27 p.m.
- Luxury home market stalls 12:02 p.m.
- Kirk Douglas classic on DVD 11:38 a.m.
- Zion fire moving southeast 11:36 a.m.
- More school-money than expected 11:24 a.m.
- Virginia 'Freedman's' project done 11:12 a.m.
- Jazz brass debate Millsap match
- LDS seminary principal arrested
- 2 men cited on LDS plaza
- Jazz finances not quite so bleak
- Reactions on Boozer speculation
- HBO defends U. logo use in 'Love'
- Utahns among Texans' investors
- Cash for Clunkers to get rolling soon
- Jazz rookies quiet Thunder youngsters
- 10 years after the flood
- LDS seminary principal arrested
267 - Jazz brass debate Millsap match
176 - Bronco collecting a galaxy of recruits
141 - Jazz talking Boozer trade?
140 - 2 men cited on LDS plaza
132 - Blazers may offer Millsap a contract
124 - Stadium of Fire flag burning was fake
99 - Fairness of BCS debated
81 - Letters: Single-payer system best
75 - Services bids farewell to Jackson
70
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
I am confident that Glen Beck has the read the book by Gary Allen,NONE DARE...
The best thing we could do would be to get rid of all the people in DC who...
He would not pull out a whip, that's for sure. You people must read a...
i havent read anything about 20 mil. i read 32 to 36 mil not confirmed. 15...
Enter comment Introduzca comentario ¡¡Por Dios!! Esto no es cosa del...
When I was 16, I thought the world of my seminary teachers. They all talked...
Girls/Ladies/Women, let me first introduce reality into this discussion. In...
Obviously you don't get my point. They were non-violent resisters. They were...
PRESIDENT CLINTON was guilty of the SAME KIND OF CRIME. An older man in a...
Ah, The Religion of Peace! :-)

