Kingston case moving after judge clears path

The $110 million lawsuit filed by a former underage "wife" in the polygamous Kingston clan is moving along now that a judge has permitted a number of people named in the suit to be served with court papers by "alternative means," according to one lawyer.

Mary Ann Kingston filed a civil lawsuit in 2003 against the Kingston family, including many individuals and business entities she claims are owned by the family. The lawsuit names 242 people, as well as 96 businesses that Mary Ann Kingston alleges are owned by the Latter-day Church of Christ, which is often referred to as the Order.

The organization has no connection with The Church of Jesus Christ of Latter-day Saints.

Mary Ann Kingston alleges that she was sexually and physically abused, and her lawyers contend the individuals named in the lawsuit either directly contributed to the court-documented abuse or knew what was happening and did not help her.

Third District Judge William Barrett in April ordered attorneys for both sides to move the case along and to display more civility toward one another.

William Mark, one of Mary Ann Kingston's lawyers, said the case was more challenging than most. He said a constable, Silvan Warnick, and his deputies were running into problems serving court documents on uncooperative members of the Kingston group.

Warnick said in a sworn affidavit filed in 3rd District Court that in 23 years of such work, he has never had this much trouble serving people with court documents.

"I personally have spent at least 25-30 hours attempting to serve process in the Kingston cases," Warnick's affidavit said, referring to Mary Ann Kingston's case and another related action. "I estimate my office has spent more than 350-400 hours on serving process and attempting to serve process."

Some individuals have been served in person.

But Warnick and deputies in affidavits describe people doing such things as refusing to state their names, lying about their identities, hiding in homes or businesses, claiming not to know someone or phone numbers, and one man even speeding away in his car, which for a time was in reverse.

Warnick also states his belief that the organization canceled a religious meeting and a social gathering to avoid receiving court papers.

But Mark said the process serving now is complete and those who received or had a chance to learn of the court documents will have a chance to respond.

"We filed a motion with the court to serve defendants by alternative means," which included such things as running ads in the Deseret Morning News and Salt Lake Tribune, and posting notice at key places, Mark said.