FLDS want judge to revoke sale of cows

Published: Tuesday, June 30 2009 11:02 a.m. MDT

Attorneys for a southern Utah polygamous church are asking a judge to reverse the sale of cows from a church farm by a court-appointed accountant.

Papers filed in 3rd District Court on Friday say the sale of 565 heifers from Harker Farms in Beryl decimates the value of the farm — a key asset in settlement negotiations over the United Effort Plan trust.

Once controlled by jailed church leader Warren Jeffs, the UEP is an arm of the Fundamentalist LDS Church. The UEP was seized by the Utah courts in 2005 after allegations of mismanagement. The FLDS are now negotiating to regain most trust assets.

Sect attorneys say fiduciary Bruce Wisan should have disclosed plans to sell the cows during negotiations. Wisan sold the cows for $360,000 on June 2. The sale was disclosed in a June 15 court filing — the same day the Utah Attorney General's Office submitted a settlement proposal to the court that includes a mechanism for returning the farm to the FLDS.

FLDS lawyers also contend Wisan sold the young, non-milking cows below market rates. The lawyers place the value of the livestock at $537,840.

FLDS attorneys believe the sale violates an order setting financial limits for the sale of assets without court approval. They now want the court to freeze nearly $400,000 in fees paid to Wisan since June 1.

Attorneys for Wisan say the sale does not violate court orders. They contend the sale benefits the farm because a portion of proceeds paid off farm debts. They also say the sale contract allows the FLDS to repurchase the cows.

The cows were sold to Jonathan and Hyrum Harker, whose father left the FLDS Church years ago. The brothers have been running the farm for Wisan for more than a year.

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