Maple Mountain suit going forward

MAPLETON — The City Council has opted against a suggestion by U.S. Rep. Chris Cannon, R-Utah, and will continue litigation involving a civil rights suit filed by resident Wendell Gibby — at least for now.

Attorney Andrew M. Morse, who works for Utah Risk Management Mutual Association, the city's insurance carrier, advised the council at a recent closed session to follow normal litigation procedures because Gibby's lawsuit isn't ready to mediate. Closed sessions are allowed under Utah's open meeting law to discuss litigation issues.

Gibby and the city have been at odds in recent years over public access across some 120 acres Gibby owns on Maple Mountain.

Gibby has complained about the city's failure to keep trespassers off the land and vandalism of a gate and fence he constructed to keep people out.

The city maintains there is a historic public easement across the property that needs to be maintained and has filed an eminent domain suit to enforce the easement. A court ruling is pending. The city says the easement is part of the Bonneville Shoreline Trail system and needs to be protected. They say the easement is also critical for fire protection and emergency services access to the area.

Gibby's suit followed the city's failure to respond to a July 28 deadline on his offer to sell the land for $8 million, a price he believes reflects the land's true value.

Mayor Dean Allan said the deadline was missed due to difficulties in getting council members together to discuss the offer and review funding sources. The Trust for Public Land, a national conservation organization, had indicated a willingness to help the city find the needed funds.

Earlier this year Gibby was found guilty in Mapleton Justice Court of illegally plowing under the trail and other grading operations on the land, which includes a relatively flat bench and is in a critical environment zone that prohibits disturbing the soil without a permit.

Gibby was ordered to restore the trail but has appealed the justice court decision to the 4th District Court. Gibby's attorney has recently filed a motion to dismiss the case on constitutional grounds.

"It's way too early to go down that road (to mediate)," Morse told the Deseret Morning News.

Cannon arranged for U.S. District Judge David Sam to mediate the civil rights case in an effort to resolve the dispute in a simple and less costly fashion, said Joe Hunter, the congressman's chief of staff.