Arguments presented in Bluffdale dispute

The fate of nearly 40 percent of Bluffdale is now in the hands of the Utah Supreme Court.

Attorneys representing Bluffdale and the developers who want to disconnect about 4,000 acres of undeveloped land from the city argued their positions and answered questions from court justices Tuesday morning.

As they left the courtroom, representatives from both sides said they were pleased with the dialogue and expect the state's high court to rule in their favor. There is no deadline for the Supreme Court to register its opinion, but attorneys said they expect a decision by late January or early February.

At issue is a Feb. 27 ruling by 3rd District Judge Anthony Quinn that gave developers approval to secede from Bluffdale and paved the way for the land to be annexed into neighboring Herriman.

Dale Gardiner, who represents Bluffdale, contended that the lawsuit was improperly filed because the petition to disconnect was not signed by the majority of landowners. Gardiner said Judge Quinn then incorrectly allowed developers to amend the petition.

"Two property owners do not have the power to invoke the jurisdiction of the court," he said during oral arguments.

Gardiner also argued that the disconnection would create either an unincorporated island or a peninsula, which are prohibited by state statute. He said that developers are using the disconnection in order to annex the land into Herriman and get a better development deal.

Dave Millheim, managing partner for South Hills Development, disputed that claim. In a phone interview Tuesday following the Supreme Court hearing, Millheim said property owners simply grew tired of trying to work with Bluffdale to develop their land because some city officials and residents are reluctant to abandon the city's rural roots.

"Bluffdale is a dysfunctional city," he said. "It's at war with itself, and unfortunately they've put property owners in the middle of that."

Property owners for several years have been trying to develop the land, but the city has been hesitant to depart from its tradition of mostly one-acre lots.

South Hills Development and its partner in the lawsuit, South Farm, own roughly half of land in question. South Hills has plans for a large, mixed-use residential development, with homes built in varying densities. South Farm, meanwhile, wants to extend Herriman's Rosecrest development, with a density of approximately 2.6 lots per acre, eastward on the disputed land.

Bluffdale Mayor Claudia Anderson said the city is willing to work with developers and cited the city's special-development-plan zone that allows for high-density developments. Bluffdale residents in a June referendum voted to keep the zoning category on the books.

"Our residents voted in favor of development," Anderson said outside the courtroom following the oral arguments. "We'd like to get on with the show."

---

E-mail: jpage@desnews.com