Gibby gets property rezoned

MAPLETON — It's been a long journey, involving delays caused by preliminary injunctions and courtroom battles, but Thursday the City Council rezoned a piece of hotly contested property on Maple Mountain.

However, the conflicts are far from resolved.

For the past seven months, a preliminary injunction bound Mapleton Council members, forbidding them from taking action on a request made by Dr. Wendell Gibby to upgrade his 120-acre Maple Mountain parcel from a critical environment zone to a planned development on which 47 single-family residential units can be built. Last Thursday, 4th District Court lifted the injunction, and the City Council gathered in a special meeting to approve the rezoning.

Before the vote, Mapleton Mayor Laurel Brady said she understood the rezoning is a long-standing, controversial issue for the community. But she said that, contrary to some community perception, the council was not voting out of fear of a potential lawsuit.

"I want to be very clear on this point," she said. "If we are sued by anyone, we will defend ourselves."

Brady said the council was considering the rezoning because lawmakers threatened to introduce legislation that would interfere with the city's rights in certain matters as a result of the ongoing controversy.

Mapleton resident David Nemelka said he didn't oppose a rezoning or a development, but he didn't like the way the deal was reached.

"I'm opposed to getting specials or concessions," he said.

Gibby was out of town during the meeting, but his wife, Trudy, and attorney Dayle Jeffs were present. Jeffs said there's been enough delay, and it's time to move on.

"Now is the time to catch up on lost time," he said.

The council voted 3-0 to approve the rezoning — City Councilman Brian Wall abstained and City Councilwoman Ann Tolley was out of town.

The struggle over Gibby's property, located generally at 2000 E. Dogwood Drive, goes back six years. Gibby and the city have sparred over issues ranging from civil rights to eminent domain. To avoid multiple pending lawsuits, the parties entered a memorandum of understanding May 15, 2007, in which both agreed to several terms, including a rezoning of Gibby's property.

A group of Mapleton residents, calling themselves Friends of Maple Mountain, opposed the rezoning and asked for a referendum. Their request was denied, and they filed a temporary restraining order Oct. 15 to bar the rezoning until a court heard the matter.