The Utah Supreme Court on Tuesday denied a hearing request from developer Dean Sellers, who sued Wasatch County and the town of Daniel over the failed incorporation of a new town.

The case concerns the incorporation of Sellers' dream town, Aspen. If built, it could transform rural Wasatch County land near Daniel into a high-end ski resort.

An incorporation petition for Aspen was filed just hours after annexation petitions into Daniel were filed. Sellers claims the annexation petitions were illegally accepted. Therefore, Aspen should be incorporated, according to briefs filed with the court.

The court had denied to hear the case Feb. 19, but Sellers again brought the writs to the court four days later after learning that Wasatch County had admitted an error.

Tuesday the court reaffirmed its decision that Sellers' complaints should be heard in district court. The court did not rule on the merits of the case.

Sellers has not yet decided whether to pursue the issue in district court, his spokeswoman, Mary Kay Lazarus, said.