Rock digger gets contempt citation

PROVO — The father-and-son team accused of illegally excavating rock from a property in Rock Canyon did not take the stand on their own behalf Friday.

Following nearly two hours of apparent negotiation with Provo city attorneys, the defense attorney for Michael J. McPhilomy Sr. and his son, Michael J. McPhilomy Jr., entered the 4th District courtroom and rested his case.

Judge Derek Pullan then found McPhilomy Sr. to be in contempt of court, relating to a Dec. 20 incident where the pair was seen loading and hauling rock at the 83-acre property, which lies at the mouth of the canyon where it intersects with a popular recreational trail.

Since McPhilomy Jr.'s participation that day remained unclear, he was not cited.

"This court finds this act constitutes excavation," said Pullan, who clarified that the area in question is zoned for agricultural use and therefore requires several permits before any mining can take place.

Pullan made a similar point at a Nov. 13 court proceeding, where he ordered the men to stop excavation until the proper permits were obtained. He reissued that order Friday but noted that he would reconsider it if the pair acquired permits.

The McPhilomys told the Deseret Morning News that they have applied for all three permits: a grading permit, a conditional use permit and an exploration permit. However, each application has been deemed incomplete.

McPhilomy Sr. said that they were instructed by Provo city officials on how to fill out the applications and completed the forms and other accompanying paperwork. However, since the McPhilomys are residents of Saratoga Springs, they were told that they couldn't obtain a business license, which is a prerequisite for the other permits.

"There is no permit needed to haul rock out of there," said McPhilomy Sr., who says that the pair was only removing stockpiled material on Dec. 20.

"I know that this is a political issue," he added.

Provo Mayor Lewis Billings recently told a group of Brigham Young University students that he believes the McPhilomys' ultimate goal is to persuade the city to purchase the land from Springdell resident Richard Davis — who owns the land with two other men and hired the McPhilomys to excavate.

"They're trying to put pressure on the city to pay them money," Billings said. "They're telling people different things because they want to sell."