Judge to decide whether Bluffdale loses land

The attorneys and witnesses have had their say, and now it's up to the judge to determine whether Bluffdale's resistance to high-density development will cost the city almost half its land mass.

It's a case, according to Bluffdale's newly elected Mayor Claudia Anderson, that has implications not just for Bluffdale but for cities statewide.

"Hopefully we win so the rest of the state will have a court decision that lets cities be cities," she said.

The trial before 3rd District Judge Anthony Quinn wrapped up Thursday, after four days of developers, landowners and city officials testifying about the lead-up to the disconnection lawsuit, filed by developers Bluffdale Mountain Homes and South Farm after they were denied a zoning change in December 2003.

The land, known as Area 4, makes up about 40 percent of Bluffdale's total area. The landowners have been trying for years to develop it, largely as an extension of the Rosecrest development already under way next door in Herriman. But Bluffdale officials and residents have been hesitant, as the development would abandon Bluffdale's tradition of mostly one-acre lots.

Rosecrest would bring new homes, businesses and office space to Bluffdale, with housing densities as high as 18 units per acre in some places and averaging 2.6 units per acre overall.

It is now up to Quinn to decide whether the city or the landowners should have the upper hand in determining how the land will be used. He is expected to take about a week to issue a decision.

"I thought we put on a very, very strong case," Bluffdale Mountain Homes attorney Bruce Baird said after the trial. "Our witnesses, I believe, proved all of the elements that we were required to prove. I was impressed by the judge's understanding of the significant issues involved and I have faith that we'll prevail."

But Anderson said she believes the city has the stronger case, and she is holding out for a win — if not at the district court level, then at the state Supreme Court.

"I think (city attorney) Dale (Gardiner) did a masterful job. I really believe we have a good chance of winning," Anderson said. "I really think we're in the winner's circle."

Developers have indicated that, if they succeed in their de-annexation attempts, they would likely seek to annex into Herriman.