FLDS land-sale hearing postponed

ST. GEORGE — A global resolution of more than a dozen lawsuits involving the Fundamentalist LDS Church could occur within months and ultimately pave the way for the polygamous sect to regain control of some of its communal trust property along the Utah/Arizona border.

Third District Judge Denise Lindberg, who traveled to St. George on Friday for a hearing on the proposed sale of 700-plus acres of United Effort Plan Trust land, instead postponed the hearing to "give everybody a bit of breathing room."

More than 2,500 FLDS members showed up at the 5th District Courthouse for the hearing, lining nearby streets and setting up camp chairs on the patio in front of the building. Members of the FLDS faith believe the land, also known as Berry Knoll, is sacred ground consecrated for a future temple site.

Lindberg said her decision to halt the sale of the Berry Knoll property came after meeting in chambers with attorneys on both sides of the issue.

"Contrary to what I thought would happen, I am going to recess this hearing. I'm not going to take action today one way or another," the judge said, following a delay of nearly an hour. "I do expect a show of good faith, that we see demonstrative movement forward, and that this not drag out. I implore all interested parties to try and reach out in good faith and establish dialogue where it has broken down."

Lindberg said she was acting on a last minute recommendation from Utah assistant attorney general Tim Bodily that the land sale and all litigation be halted in favor of a good faith effort on all sides to resolve the issues.

"Certainly the objective of the attorney general's office has never, ever changed, and that is to protect the property of the trust," Bodily said. "And we all know it primarily contains personal residences and homes important to the people here today. We believe this opportunity (for resolution) became available because of compromises and we believe it is time. There is a real, strong possibility that global resolution can be reached in which property is preserved and people can have some peace of mind."

Prior to the hearing, court-appointed UEP special fiduciary Bruce Wisan said the trust owes attorneys, engineers and others involved in the reformation process close to $3 million. Selling Berry Knoll would raise enough cash to pay off those debts, he said.

"One of the issues we have is, is there a way out? I think we have a strong legal position to sell the land," Wisan said. "The state doesn't have the wherewithal to pay me so I have to find money myself."