Supreme Court dismisses petition in UEP case

The Utah Supreme Court Tuesday dismissed a petition filed by attorneys and members of the Fundamentalist LDS Church asking for a supplemental briefing and oral argument.

The case was initially filed against 3rd District Judge Denise Lindberg, asking that she reinstate a request for "supplemental pleadings and scheduled oral argument" in the ongoing case regarding the United Effort Plan Trust.

The United Effort Plan Trust, which holds most of the FLDS property located in its primary locations of Hildale, Utah, Colorado City, Ariz., and Bountiful, British Columbia, is supervised by the 3rd District Court in Salt Lake City. Valued at more than $100 million, the trust was seized by the courts in 2005 amid claims that it was being mismanaged by FLDS leader Warren Jeffs.

As part of ongoing litigation in the case, the court requested a supplemental hearing and additional oral arguments on Nov. 18, 2008, after denying a motion to stay a Nov. 14 hearing that same year. At that time, the court also entered a "provisional stay" because it had disqualified the attorneys representing the FLDS and had asked that "privileged communications" between the FLDS leaders and their attorneys be provided to the court.

But when those representing the United Effort Plan and its interests then engaged in settlement negotiations and asked that the court halt its other motions, the court said that action negated the need for the supplementary hearings and arguments.

In this decision, they denied the latest petition calling for those court hearings, stating that the attorneys cited a rule that should only be used in emergency request situations. They also stated that you cannot combine that rule with another, as was attempted in this case, because it placed an "unfair burden" on the opposing attorneys in the case.

In its decision, the court's decision states that it handed down the decision in fairness.

"We note that we do not perceive any abusive intent or action in this case."

e-mail: emorgan@desnews.com