Mapleton road dig called ugly, illegal

MAPLETON — Since Friday, bulldozers have been cutting a road up the side of Maple Mountain that residents are not only calling irreparably ugly, but also illegal.

"That's a beautiful mountain," said Mapleton resident David Nemelka. "And they're desecrating it."

Controversy over the road excavation is the latest development in an ongoing struggle involving property owned by Wendell A. Gibby near 2000 Maple St. Recently, the city agreed to change the status of Gibby's property from critical-environment to a specially created, residential-like zone. Under the new zoning, Gibby would be allowed to build 47 homes on the 127-acre property.

The City Council was supposed to consider the rezone Oct. 16, but a group, calling itself Friends of Maple Mountain Inc., filed for a temporary restraining order to prevent any action until a court hearing determines whether a referendum vote should take place regarding the hotly contested acreage.

Despite the restraining order, Gibby obtained excavation permits to cut the road through his property. Jim Lundberg, spokesman for Friends of Maple Mountain, can see the road gradually climbing up the mountain from his office in Provo and said the sight is more than just an eyesore.

"We believe that it is in violation of the temporary restraining order," he said.

Gibby said he obtained two grading permits from Mapleton, which he applied for nearly three years ago, to create an access road and relocate power lines that cut through the middle of his property. He also said the excavation has nothing to do with the temporary restraining order.

"It's a lovely piece of property," he said. "And we should have a right to use it."

Lundberg said police officers went to stop the excavation, but Wendell's attorney told work crews to carry on. Only a court order will stop the excavation on the mountain, Lundberg said, but he doubts the city will obtain one.

"It's pretty sad when a citizen of Mapleton basically decides he's going to violate the law and is doing something that is irreparable," he said.

Gibby said allegations that he is threatening and intimidating city officials with lawsuits are nonsense. He said most people who oppose the plan are upset because his development will obstruct their view of the mountains.

"It's the 'not in my backyard' syndrome," he said.