From Deseret News archives:
Developer renews fight to create Wasatch town
Dean Sellers has refiled two writs in the Utah Supreme Court on grounds that his opponents, the town of Daniel and Wasatch County, admitted an error. The filing refers to a Feb. 12 letter sent by Daniel's attorney to the court. It corrected a mistake that showed a 6-foot strip of land between the town and annexation area. The strip did not in fact exist, according to Daniel Mayor Mike Duggin.
The annexation documents were made official by Utah's Lt. Gov. Gary Herbert's certification of them Feb. 12.
A week later, a partial court panel speaking for the Supreme Court denied Sellers' two writs and all attached briefs, saying Sellers hadn't proved that his case should bypass the district courts. Sellers believes that in light of the evidence of error, the entire court should reconsider the case.
The successful annexation halted Sellers' plans to build his town, which would have been a high-end skiing, shopping and recreation spot in the rural heart of Wasatch County. Sellers' plan was based on a controversial 2007 law allowing single property owners to create towns without a consent of a majority of the new town residents. That law will likely be amended soon to allow for a voting process. The amendment will likely not be retroactive.
The Storm Haven petition and a petition for incorporation of Aspen were filed Nov. 8, 2007, within hours of each other. The annexation petition was filed first, so the incorporation documents were denied, according to Supreme Court briefs.
Sellers insists that the annexation documents should have been denied based on the 6-foot error.
The town of Daniel believes the error was clerical in nature and that the court should stick to its decision to send Sellers to district court. The town has case law on its side, Duggin said.
Sellers and his attorneys believe the error constituted a modification. According to Utah law, if modifications are made to annexation petitions, they must be refiled. Therefore, Sellers' incorporation petition was filed first and should be allowed to proceed, according to the filings.
E-mail: rpalmer@desnews.com
