Utah Supreme Court order buys more time for FLDS to plead case

SALT LAKE CITY — A Utah Supreme Court justice has issued an order granting a request by the Fundamentalist LDS Church for a motion of emergency relief in regard to the sale of dairy cows and a "sacred" parcel of land.

Attorneys for members of the polygamist sect filed the request Tuesday, asking that their petition be granted by a justice or that the amount of time for responses to be filed on their petition be shortened.

In an order written Wednesday, Justice Ronald Nehring ordered that all responses be filed by Jan. 4 at 5 p.m. Nehring also granted the motion that will allow for repurchase of cows previously sold, until the petition is heard in court.

The FLDS petition stated that the emergency relief is being sought in regard to a court order that authorized the sale of assets claimed by the FLDS, including a parcel of land known as Berry Knoll Farm and a group of cows.

"The loss of both the Berry Knoll Farm and the specially bred and raised dairy cows … constitutes irreparable harm as a matter of law," the petition said.

According to court documents, the farm is regarded as "a sacred temple site and a farm long used under the direction of FLDS bishops to meet the 'just wants and needs' of the FLDS people." The group of dairy cows in question is used "to provide wholesome milk for the FLDS people."

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 currently being 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. He is currently serving prison time after being convicted of charges stemming from arranging a marriage between a young girl and her cousin, despite her objections.

In August of this year, 3rd District Judge Denise Lindberg ruled that the land be sold, and attorneys representing the sect have been trying to halt the sale ever since. In November, the Utah Supreme Court dismissed a petition asking for a supplemental briefing and oral argument. Justices ruled that the need for such a hearing was negated by ongoing settlement negotiations.

The urgency of this latest petition was tied specifically to the sale of the cows, which was scheduled to take place on Dec. 31. The court documents also state that the members of the sect believe that the court is unlawfully administering the trust and is on a course of "arbitrary and capricious use of discretion," because they believe the court is trying to permanently halt the "consecration" of land and endorsing the division and sale of the property.

e-mail: emorgan@desnews.com