Developer, residents bury the hatchet
1998 suit over business park ends with settlement
A lawsuit filed nearly eight years ago between a developer and two South Jordan residents over whether the residents went too far in trying to stop a riverbottoms development has been settled.
The suit was filed in March 1998 by Anderson Development Co. against South Jordan residents Janalee Tobias and Judy Feld, accusing the two of overstepping their rights in their attempts to stop the proposed RiverPark Business Park on 10600 South, which has since been built.
The settlement agreement drops the suit and countersuits filed by Tobias and Feld, awarding the two $50,000 to help offset their attorney fees. It allows all parties to talk openly about the suit and the agreement.
Tobias said the settlement was finally reached because "physical reality happened. We simply ran out of money."
The decision to settle was about money and ending the drawn-out process for Anderson Development, too.
"It's dragged on, dragged on, and we were getting ready to go to court within the next 30 days and it became obvious she (Tobias) still has over $200,000 of unpaid attorney's fees," Anderson Development principal Gerald Anderson said. "Even if we were to win in court, there's nothing to win."
The Utah Supreme Court last year said the lawsuit was an illegal SLAPP suit a "strategic lawsuit against public participation." The women were sued after going before the South Jordan City Council, trying to stop the development. Anderson Development said that affected their purchase price and interfered with their contracts.
Feld called the lawsuit "very long, grueling" and said she was glad to see it over with.
"I'm relieved that the lawsuit is over," she said. "I'm relieved that I can go on with my life now. I'm very sad that these men continue to do the abuse, and I believe that the only way that they could ever be stopped is if someone had lots and lots and lots of money."
Among other accusations, the lawsuit said Tobias and Feld interfered with Anderson's contract to buy land necessary for the project.
That contract said Anderson would buy the land if, by a certain date, the South Jordan City Council approved a zoning change that would allow Anderson to use the land for its business park. But Tobias and Feld persuaded the council to deny that zoning change by saying they were trying to raise money to buy the land themselves and preserve it as open space.
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