Mapleton Justice Court Judge Dean F. Olsen earlier this year found Gibby guilty of unlawful plowing. Following a one-day, 19-hour marathon misdemeanor trial, the judge said Gibby illegally graded his hillside land in a sensitive environmental zone, graded it without a permit and graded a slope greater than 30 degrees — all prohibited by city ordinance.

Gibby has appealed the conviction to 4th District Court.

Unbeknownst to city leaders, while Gibby's trial was going on, he and his partnership, MCBRS, LLC were working to acquire 60 acres north of his property. The purchase, recorded Feb. 23, doubled the size of Gibby's hillside holdings.

It also makes the property more valuable, Gibby said, which he believes could thwart the city's attempt to condemn a path through the middle of it for the Bonneville Shoreline Trail and as an access for emergency vehicles and hikers.

The city's attempt to condemn a 10-foot wide swath through the middle of Gibby's parcels is scheduled for hearing July 19 in 4th District Court.

The pathway was a source of agitation to Gibby, who claimed hikers damaged his fence and gate repeatedly to access the trail.

Finally, he had it plowed up.

Olsen sentenced Gibby in March to reseed the trail.

"That was my original intent," Gibby said.

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E-mail: rodger@desnews.com