From Deseret News archives:

Legacy foes talking, but suit could still come

Published: Friday, June 24, 2005 12:00 a.m. MDT
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State officials are negotiating with opponents of the proposed Legacy Parkway, hoping to avoid another expensive legal battle.

Talks are the most amicable they've been in years, according to Marc Heileson, regional representative for the Sierra Club. Whether that means opponents will step away from threats of a lawsuit has yet to be decided.

"Right now, I don't know about that," Heileson said. "That seems a little optimistic at this time."

But there is room for hope.

On Wednesday, top officials with the Utah Department of Transportation met with Senate President John Valentine to give an update about the 14-mile roadway, proposed to extend from Salt Lake City to Farmington in Davis County.

Valentine, who hasn't been part of negotiations, said he left the meeting "hopeful" that ongoing talks will allow the state to move closer toward construction of Legacy. He was tight-lipped, however, about specifics of the negotiations.

"There have been ongoing discussions with the parties who originally sued the state on how to resolve some of the differences they saw with the proposals (for Legacy)," he said. "I'm not at liberty at this point to get you those details because they're still in negotiation and there is potential for litigation."

UDOT spokesman Tom Hudachko said the state has been in continual negotiations with plaintiffs in the 2001 suit that halted initial construction of Legacy. Hudachko would not comment on specifics about talks between UDOT and Legacy foes.

"We've always tried to keep our talks between the parties, between the parties," he said. "I think just the very fact that we're still talking to each other is a good sign. We're always hopeful that we can stay out of court."

Currently, the state is reviewing and responding to public comments on a draft supplemental environmental study of the roadway. The supplemental study was requested by the 10th Circuit Court of Appeals in Denver after a successful lawsuit by the Sierra Club, Salt Lake City Mayor Rocky Anderson and Utahns for Better Transportation in 2001.

By fall, UDOT anticipates releasing a finalized copy of the supplemental study. Pending court review, the state could receive approvals to build as early as next year.


E-mail: nwarburton@desnews.com

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