From Deseret News archives:
Attorney sues for Legacy data
He wants facts about the route's impact on his land
The lawyer, Dan Berman, said in the civil lawsuit that he has submitted requests for information through the Government Records Access and Management Act, but UDOT has either denied the information he is seeking, claiming it is "protected," or has offered responses that Berman characterizes as "inadequate."
Bethany Eller, UDOT spokesperson, said Tuesday that the agency's lawyers are examining Berman's lawsuit, filed Thursday, but cannot comment now.
Berman owns 82.5 percent of about 40 acres of unincorporated land in Davis County, west of where Redwood Road meets 500 South heading out of Bountiful. The proposed 14-mile Legacy Highway would run directly east of his property.
Berman wants to see a settlement agreement between UDOT and a group of civic organizations that had sued in 2001 to stop the highway's construction. The land is part of the lawsuit settlement between the state and Utahns for Better Transport, FRIENDS of Great Salt Lake, Great Salt Lake Audubon, League of Women Voters of Salt Lake, the Sierra Club and Future Moves Coalition.
The Legislature approved the settlement on Nov. 9, 2005. Berman filed a GRAMA request Nov. 22, 2005.
He contends the settlement has ruined the value of his property by rendering it commercially unmarketable. Berman also said no one consulted him before the settlement was approved.
"The first thing I ever knew about the settlement agreement between the environmental groups and the state was when it was signed," Berman said. "One of the things that caught my attention immediately was that under the settlement agreement, they were talking about 22.8 acres of what I'll call the 'Berman property.' "
He said he asked UDOT for specific documents and posed "very fair questions" to clarify what the settlement means regarding his land.
"We asked these questions: What does 'obtain' mean? Are they trying to buy it or exercise the power of eminent domain?" Berman said. "They didn't tell us whatever they were trying to do. What is the time limit? I wanted to know if they're taking 22.8 acres, which acres — in the front, back, middle?"
Berman said he also has tried to find out what is intended for the rest of the property but has had no luck.
He believes these are public documents, and he has a right to see them. "These folks made a settlement that included my property," he said. "I'm glad it suits them, but I have a right to see those documents."
E-mail: lindat@desnews.com
