N-waste firm can pursue new site

But Cedar Mountain successfully argued to the higher court that its standing in the lawsuit was evidenced by the corridor's new boundaries, which made it "virtually impossible" for the remaining section of the land to be used for waste disposal of any type.

"We agree," the court said, with such exclusion giving rise to Cedar Mountain having a "personal stake in the outcome of the dispute over the newly drawn hazardous waste corridor."

In their dissent however, two of the justices pointed out that since Cedar Mountain's lease of the property from EnergySolutions has since expired, the entire issue was moot.

Bart Kunz II, who represents Tooele County, agreed, pointing out that the non-compete clause in the lease further demonstrates Cedar Mountain couldn't prove "harm" caused by Tooele County's decisions.

In its majority decision, the court said that because of ambiguities surrounding the status of Cedar Mountain's property, the court can't reject Cedar Mountain's ability to argue the case.

"Obviously, we're disappointed," Kunz said.

The ruling means Tooele County will have to return to district court to prove it properly adhered to its ordinances governing land use decisions.

"The county is confident it followed its ordinances when it redrew those boundaries," he said.

E-MAIL: amyjoi@desnews.com