District Court has become the battleground for an annexation fight between Layton and Clearfield.
Layton City Council members approved the annexation in June of 73 acres of subdivision land at 2800 W. 1000 North at the request of developers Ed Green and Blake Hazen.Clearfield is now challenging the annexation. The city appealed to the courts and last month obtained a temporary restraining order on the annexation from 2nd District Judge Rodney S. Page.
Clearfield City Attorney Larry Waggoner said the order prevents the developers from building until it is decided which city's water and sewer lines they will hook up to.
He said Clearfield is basing its protest on a 1979 stipulation between the two cities requiring either city to get the other's approval for annexations in that area.
Layton officials have said they tried working out an amicable agreement, proposing to divide the land, but didn't hear back from Clearfield and so went ahead with the annexation.
"We feel like we've fulfilled the stipulation and complied with it," said Layton City Attorney Mark Arnold.
Page has scheduled a hearing Thursday in his Farmington courtroom to take testimony from the two sides.
Waggoner said after the hearing the judge may make the restraining order permanent or totally lift it.
"Ultimately we're asking the court to set aside their annexation," he said.