From Deseret News archives:
North S.L. steps up fight over open space
City files petition against S.L. but is willing to talk
North Salt Lake filed a petition against Salt Lake City in 2nd District Court in Farmington Wednesday, challenging a decision by the Salt Lake City Council to deny North Salt Lake control of 80 acres of open space. The land is owned by North Salt Lake but is within Salt Lake City's boundaries.
"North Salt Lake didn't pick this fight," said Brent O. Hatch, attorney for the Davis County city. "They felt they were negotiating with Salt Lake City in good faith, and lately the negotiation position has gone to 'no, no, no.'
"As you know, that is the hallmark of a bully, not someone who is operating in good faith."
North Salt Lake hopes to put housing on 20 of the acres, use 10 for a cemetery and build groomed trails on the other acreage.
Salt Lake City wants the land, located in the foothills, to be forever preserved as open space.
Salt Lake City Council Chairman Dale Lambert maintained the capital city does have an open mind and expects further efforts at negotiation before the two cities meet in a court of law. "There is more room for discussion," he said.
North Salt Lake Mayor Kay Briggs agreed, saying his city is willing to talk with Salt Lake City to avoid a possible court case. The goal of filing the petition was to send a message to Salt Lake City that North Salt Lake wants to negotiate an agreement, he said.
"Up until the gavel falls, we can still work," he said.
Over the past year, Salt Lake City has denied North Salt Lake's repeated petitions for control of the land. In May, the Salt Lake City Council denied a request to disconnect the property from Salt Lake boundaries, an action that would have allowed it to be annexed into North Salt Lake. The council also directed staff to create a new zoning classification for the land that would forbid any development.
Those actions were compounded by a "spirited" rally last month at which Salt Lake City Mayor Rocky Anderson announced he would petition for a condemnation order on about 13 of the 80 acres. The purpose of the order would be to bring the issue to court and perhaps keep North Salt Lake from developing the land.
Salt Lake City filed the condemnation order Thursday, the same day it was served with North Salt Lake's petition.
Hatch says North Salt Lake's claim should have priority over the condemnation order.
"This predates any condemnation action by several months," he said. "If the court finds in our favor, then there is no basis for a condemnation order. It's kind of a cheap political move in a way, and I think the judge will see that."
