Legacy Parkway 'absolutely' will be built in '06

Sen. Dave Thomas, R-South Weber, said that waiting for a final decision on the lawsuit could have paid off for the state — if the state won. But if the state lost another round, it would end up costing a lot more money and time.

"It would be nice to suggest that if we go forward with the litigation, we'll bowl the 10th Circuit (Court of Appeals) over and be able to move forward," Thomas said. "But we're rolling the dice, and we may never see Legacy Parkway built" by not approving the agreement.

During debate in both chambers, lawmakers expressed concerns with the precedent they were setting by approving the settlement. Other concerns centered around the federal courts and how the court system allows for lengthy lawsuits over little details.

Rep. LaVar Christensen, R-Draper, said the fact that the environmental groups could stop the highway was proof that despite the best intentions, the federal regulations give too much emphasis to wildlife and wilderness.

"What are we guilty of?" he asked. "What didn't we do? We didn't interview the birds."

For some legislators, one potential problem was avoided since Rocky Anderson was not a party to the agreement because all of his arguments against the road were dismissed by the 10th Circuit. In floor debates, multiple speakers said that making an agreement with Anderson would have killed the deal.

Along with the practical concerns, a number of opponents expressed an emotional discomfort with settling a lawsuit filed by environmental groups.

"I don't like to do business this way," said Sen. Bill Hickman, R-St. George. "I don't think we should do business with people, when we're setting policy for the state, that don't represent the people of this state."

At the end of the night, however, even those opposed were still wanting Legacy to be built.

Said Rep. Dave Ure, R-Kamas, a settlement opponent, said, "If this motion is passed, I will be on board to make sure Legacy is built as fast and rapidly as possible. I will become part of the team to get it done. If not, I also promise I will be trying everything possible to get to the courts and get things done and get our congressional people to start having courage — Sen. (Orrin) Hatch, Sen. (Bob) Bennett — I hope to heavens you're listening over the Internet. Have the courage to change the bloody rules causing problems across the nation. I hope you have the courage to do that."

In a statement released after the vote, Gov. Jon Huntsman Jr. said he applauds the Legislature and UDOT. "Legacy Parkway will increase mobility for all citizens of the state and others who travel in northern Utah."

Under the settlement, the state will buy approximately 125 acres of property west of 500 South in Bountiful to add to the Legacy Nature Preserve. The state will also provide $2.5 million for a transit study in the corridor.

---

E-mail: nwarburton@desnews.com; jloftin@desnews.com