Judge squashes land-condemnation bid in Bluffdale

Bluffdale's bid to condemn 12 acres of undeveloped land to build two public roads was squashed by a judge Thursday.

Third District Judge Anthony Quinn ruled that condemning the land violates a previous court ruling to preserve the status quo of the 4,000 acres involved in a disconnection lawsuit that is awaiting an opinion from the Utah Supreme Court.

At the request of landowners who challenged the condemnation in court, Quinn modified the previous order to restrict Bluffdale from pursuing condemnation on any of the land involved in the lawsuit.

The landowners say the condemnation would have hindered their development plans if the Supreme Court rules in their favor and allows them to disconnect from Bluffdale.

"Justice was served today," said Dave Millheim, managing partner for South Hills Development, which represents a significant portion of the land in the disconnection lawsuit. "We saw this purely as (the city) trying to manipulate the legal system."

The Bluffdale City Council, by a 3-2 vote April 10, authorized the use of eminent domain on the land to build two public roads, a water detention pond and a pump station east of Camp Williams Road near 16100 South.

The two roads were slated to connect Camp Williams Road to a planned residential development that is landlocked by other property owners.

Brent Tanner of Southern Vistas told the City Council he tried unsuccessfully to work with owners of the property that separates his land from Camp Williams Road.

Property owners, Tanner said, were unwilling to sell the land because it's part of the disconnection lawsuit and may end up in neighboring Herriman.

"We had a developer come in who wanted to develop his land, and we tried to help him out," said Councilman Bill Maxwell. "The judge didn't think those roads should go through, and we'll abide by his ruling."

The city isn't expected to appeal.

Bluffdale has asked the state Supreme Court to overturn a February 2006 ruling in 3rd District Court that gave developers approval to secede from Bluffdale and opened the door for them to take their developments to Herriman. Both sides have been waiting for the Supreme Court's opinion since arguments were presented in early December.

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