Estate sues Alta over plan for homes

ALTA — The estate of one-time town councilwoman and well-known environmental activist Jody Shrontz has sued this tiny ski town over its denial of a subdivision near Albion Basin in Little Cottonwood Canyon.

The lawsuit was filed in 3rd District Court on Dec. 11, just in time to meet appeal requirements. Salt Lake City also is listed as a defendant in the documents.

The Alta Town Council unanimously voted in November to deny an application for 10 new homes near the Grizzly Gulch neighborhood. The elected officials cited a lack of fire and water access for the project, among other things.

Last week's filing demands that the Patsey Marley subdivision connect to the town water system, which runs across the 25 acres in question. Salt Lake City is involved because it is tasked with protecting the canyon's watershed and has denied the water connection.

The Shrontz estate also wants the Alta Town Council decision annulled.

The filing also asks for a jury trial to determine damages owed to the estate. Protecting the watershed is a public good, so taking it unjustly is a violation of due process, according to the documents.

Town administrator John Guldner said Alta is involved in other legal action and that it has a law firm and insurance to pay for situations like this one.

"Whenever anybody doesn't get their way, we end up getting sued," Guldner said. "A lot of times developers use this as a stick to try and get what they want."

The town has yet to formally respond to the lawsuit, which is the latest in a decades-long legal fight between the estate and the municipality. In 2007, the parties reached a settlement that required the town to work with the Shrontz family.

Now, the estate is prevented from getting the necessary approvals for water and fire access because of the denied application, said the Shrontz family's attorney, Alan Sullivan.

The estate could reapply with the town but would have to operate under new ordinances that require necessary approvals to be in place first.

"The town has basically made it impossible for a subdivision to be approved," Sullivan said. "It's a chicken and egg problem."

e-mail: rpalmer@desnews.com