Judge quits Maple Mtn. parcel trial

PROVO — A district judge removed himself from a case Wednesday on the first day of a trial that was to determine whether voters can weigh in on the fate of a hotly contested parcel of Maple Mountain property.

The bench trial was intended to determine the legality of putting the rezoning of land owned by Dr. Wendell Gibby from critical environment to a planned development before voters. During witness testimony, 4th District Judge Fred D. Howard disclosed that he is acquainted with one of the founders of Friends of Maple Mountain Inc. — the plaintiffs in the case who want to make the rezoning a ballot issue.

Howard said he knew the man through an LDS ward he attended, although it was no particular association of consequence, he said.

The trial went into a brief recess while Howard and lawyers for all parties involved discussed the matter in chambers, said Mapleton Mayor Jim Brady, who attended the trial.

After they came out, Howard asked if any of the attorneys were concerned with his affiliation. Tony Scofield, attorney for Friends of Maple Mountain, answered in the affirmative.

"We do," he said. "We have very real concerns."

Scofield and Jim Lundberg, one of the founders of Friends of Maple Mountain, could not be reached for comment as to what is their particular concern. But Howard recused himself from the trial.

Brady said the turn of events caught him off guard.

"That kind of surprised all of us," he said. "Including the judge."

Gibby wants the zoning on the 120-acre property changed from a CE-1 classification to a PD-2 classification that would allow him to develop 47 units. A petition was circulated in late August, calling for the referendum, and Friends of Maple Mountain gathered 864 certified voters' signatures. The trial will determine whether the issue is referable to a public vote.

In his opening argument, Scofield said the city asserted that citizens are "not sophisticated enough to understand the issue."

"We think that's an absurd assumption," he said. "If it's so complex that our clients and citizens can't understand that, how can publicly elected citizens understand that?"

City Attorney Lyle Fuller said it is not an issue of trusting or not trusting Mapleton voters. He said city officials have spent hundreds of hours in careful consideration and calibration of the special rezone.

"It would not be practical for a Mapleton voter to review all of those studies," he said.

Brady said 4th District Judge Darold McDade will replace Howard. The trial had been scheduled to continue on Dec. 5. Brady said that may have to be postponed while McDade is contacted.

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