Judge won't halt hearing on FLDS land sale

The judge overseeing the Fundamentalist LDS Church's land holdings has refused to delay a hearing on a pending sale of farmland that the Utah-based polygamous sect says is a future temple site.

In an order filed in 3rd District Court in Salt Lake City, Judge Denise Lindberg denied a request by FLDS members Willie Jessop, Dan Johnson and Merlin Jessop to postpone a Friday hearing in St. George.

In court papers, the three FLDS men asked for more time to bring their newly hired attorneys up to speed. Lawyers for the court-appointed special fiduciary of the United Effort Plan Trust objected.

"Movants seek a continuance because they wish to jeopardize the proposed sale, deny the trust needed funds, and further hamstring the fiduciary in his efforts to administer the trust," fiduciary lawyer Jeffrey L. Shields wrote in an objection filed in court.

The fiduciary, Bruce Wisan, is seeking to sell 711 acres on the Utah-Arizona border known as Berry Knoll to pay outstanding debts. FLDS members are challenging it, claiming Berry Knoll is a temple site and also provides food to the communities of Hildale and Colorado City. The fiduciary disputes those claims. The FLDS claim the fiduciary also is trying to sell the land to members of a rival polygamous sect.

In 2005, the UEP Trust was taken over by the courts over allegations that FLDS leadership mismanaged it. It has since undergone reforms that do away with the "united order" concept of the trust and pave the way for private property ownership.

Lawyers for the FLDS Church aren't giving up. They have filed a request for a temporary restraining order in federal court to block any sale.

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E-mail: bwinslow@desnews.com