Gibby said Adams' fear may be well-founded. The grading permits were conditions in a memorandum of understanding that was intended to settle several pending lawsuits between Gibby and Mapleton. He said the city will have to appeal the board's decision, but Fuller said it is still uncertain whether the city will appeal.

"We are reviewing that right now and haven't made a decision," he said.

In other legal developments, lawyers representing Mapleton and Friends of Maple Mountain Inc. have finished the testimony portion of a trial Friday that will determine whether voters can have a say in the rezoning of Gibby's property. Fuller said each party will file their post-trial briefs by Jan. 11 and closing arguments will take place Jan. 18. He said 4th District Judge Darold McDade should reach a ruling quickly.

Gibby said he's reasonably certain the court will rule in his favor. During testimony, city officials stated they spent 3,000 hours studying expert opinion offered on the rezone.

"The average voter is not going to have access to all that information," he said.

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