Mapleton land dispute back in court Jan. 24

Published: Saturday, Dec. 10 2005 12:00 a.m. MST

AMERICAN FORK — A lengthy land dispute between Mapleton city officials and resident Wendell Gibby will reach into another year.

The legal battle, part of which was waged during a hearing Friday in 4th District Court, will resume Jan. 24. That's when both sides will continue making their arguments in a disagreement over land use.

Gibby owns approximately 120 acres on the east bench of Mapleton, an area he said he bought years ago with the intention of developing into a residential subdivision.

Mapleton city officials argue that a public easement, which includes part of the Bonneville Shoreline Trail, prevents certain areas of the land from being developed. They also contend that developing the area would drastically reduce access for fire and other emergency crews.

The dispute has led to numerous lawsuits. Mapleton has filed criminal charges against Gibby for illegally plowing parts of the trail, while Gibby has filed a civil rights suit against the city, claiming his property rights have been violated.

At Friday's hearing, Mapleton city attorney Eric Johnson argued that the city has just cause to declare eminent domain on the disputed trail line and take it from Gibby for a fair market value.

Gibby has agreed in the past to sell the land, but the two sides have been unable to agree on a price. In July, Gibby offered to sell the land for $8 million, but city officials balked at the price tag.

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