Developer taking Fruit Heights to court

FRUIT HEIGHTS — A controversial housing development proposed for this city is stalled while the developer takes the matter to court.

Garbett Homes, Sandy, has filed a civil lawsuit in 2nd District Court asking for damages that could exceed $4 million over a 154-unit condominium project it planned to build on a large parcel of undeveloped land.

The lawsuit filed by attorney Michael L. Hutchings lists as defendants the city, the mayor and individual council members and alleges the city has not adopted a moderate-income housing plan as required by state law.

In June 2003, according to the complaint, Garbett Homes entered into a contract for the purchase of property and applied to the city to rezone the property to accommodate a town home project that would consist of moderately priced housing units.

"Garbett Homes presented a legitimate housing project which would help meet the housing needs of persons of moderate income including racial minorities, disabled persons, senior citizens and other persons who are in classes or categories protected by federal and state law," the complaint said.

The complaint further states that city officials hired a consultant to prepare a draft moderate income housing plan that was never adopted and "the consultant was directed to drastically change the plan to make it appear that Fruit Heights City had no moderate income housing plan."

The Fruit Heights Planning Commission last fall recommended against the project and the city established a citizens' advisory committee to study the issue and work with Garbett to see if a compromise could be reached. The committee recommended the City Council approve a project about one-third smaller, city officials said.

After the recommendation was made by the citizens' committee, the group disbanded and the City Council never voted on the recommendation, Mayor Rick Miller said. Garbett wrote the city a letter asking for concessions worth $500,000, which became the deal breaker, he said.

"The citizens' group felt both sides did a lot of give and take to get there. I'll never know how the council would have voted on it because it bit the dust when they (Garbett) came back and altered it. I thought it had a chance of approval until they changed it and started asking for more money," Miller said.

On advice of legal counsel, city officials are not discussing the lawsuit at this time.

The lawsuit seeks a declaratory judgment declaring the defendants have perpetuated unlawful and discriminatory land use, zoning and housing policies in violation of state and federal law. It also asks the court to order the city to adopt a moderate income housing law; order such relief as requested by plaintiff and award damages that plaintiffs expect to exceed $4 million.

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