BLUFFDALE — The fight over the disconnect and annexation of 4,000 acres from Bluffdale into Herriman will now spill over into court.

The Bluffdale City Council voted 5-0 Tuesday night to reject a petition to disconnect about one third of the city's total land. The petition was submitted by Rosecrest Homes and some 50 landowners who claim they have fought the city for a decade over the development of the land.

Officials with Rosecrest Homes, whose parent company is Sorenson Development, accuse city officials of dragging their feet on rezone applications, at one point taking 19 months to eventually reject one of Rosecrest's applications.

Bluffdale Mayor Wayne Mortimer paints a different picture, accusing Rosecrest officials of refusing to bend from their desires to build high-density housing.

During a public hearing last March on the petition to disconnect, residents were split on the matter. To sweeten the deal, Rosecrest offered the city a $100,000 cash payment for park space if it would approve the disconnect. The check was delivered to the city Monday night with a note that the check would be canceled if the council denied the petition.

After a brief meeting in executive session to discuss potential legal action Rosecrest might take against the city, the City Council voted to reject the cash offer and deny the petition.

Rosecrest Homes attorney Bruce Baird said the company anticipated the council's action and had already prepared the lawsuit, to be filed in 3rd District Court by the end of the week.

Baird said Rosecrest's claim will be that the city has denied the property owners the right to develop their land. He said Rosecrest already has filed a petition for annexation with the city of Herriman.

Herriman officials are staying out of the fight. But when the dust settles, and if a court allows the disconnect, they say they will welcome Rosecrest with open arms. Rosecrest currently has housing developments in Herriman.

Bluffdale Councilman Morris Clark said there is much at stake in this legal fight for all of Utah's small cities.

"We're facing one-third of our city in this disconnect action," Clark said during the council meeting. "(Rosecrest) had no desire to come over and work with us — they had to have it all."

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