Judge orders developer to drop Mapleton suits

AMERICAN FORK — A Maple Mountain developer with a long history of suing the city of Mapleton must drop his lawsuits, 4th District Judge David N. Mortensen has ruled.

But Wendell Gibby said that isn't so clear to him.

Some of the lawsuits were lodged in federal court, which is outside the jurisdiction of the judge, Gibby said. The only lawsuit dropped was one the city brought over a trail that crosses Gibby's land, he said.

Additionally, Gibby must pay Mapleton's legal fees from the city's attempt to enforce the provisions of a memorandum of understanding between the city and Gibby that was signed in May 2007, Mortensen wrote at the conclusion of a 21-page decision obtained by the Deseret News.

Gibby said he doesn't know yet if he will appeal the judge's ruling, but he plans to challenge the attorney fees.

Mortensen found that the city fulfilled its obligations under the memorandum of understanding with Gibby, in which he agreed to drop the lawsuits. However, the judge said Mapleton officials were vague in drafting the agreement that Gibby signed.

The judge added that city officials who testified at the hearings were unable to clearly explain what they expected of Gibby.

The city did as agreed in rezoning Gibby's property so he could build 47 homes and said he could move power poles on his property, Mortensen ruled. But Gibby said he still doesn't have final plat approval to build the mountain neighborhood.

City officials had also refused to allow Gibby to grade a road to enable him to move the power poles, until the developer produced a letter from Rocky Mountain Power that the road was necessary, Mayor Laurel Brady said.

The city's understanding with the power company was just the opposite, she said.

The city sued Gibby last summer to force him to drop his lawsuits, which he refused to do, alleging that the city missed deadlines and hadn't fulfilled all its obligations. The city was to rezone the property by last January, but failed to do it until May.

However, Mortenson found that Gibby had agreed to extend the deadline. Also, a group of residents under the moniker Friends of Maple Mountain filed a restraining order against the city wanting to bring the special rezone that would allow the construction brought to a vote of the people.

That action delayed the city's dealings with Gibby and was dismissed in December 2007, but could still be appealed, Brady said.

The seven-year battle started when Gibby refused access to the Bonneville Shoreline Trail that crosses his property and escalated when he attempted to develop the land after the City Council decided to protect the mountain from development.

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E-mail: rodger@desnews.com