“Judge Issues Temporary Restraining Order Against Wasatch Peaks Ranch, Halts Property Sales”
A district judge has issued a temporary restraining order against Wasatch Peaks Ranch, a private ski and golf resort in Morgan County, Utah, that also restricts property sales and transfers. The order comes as a result of a legal battle between the ranch and five county residents who have been fighting to put to referendum the zoning laws under which the resort has been developing.
The zoning laws in question were approved in 2019 by the Morgan County Council, allowing the development of the resort. However, the five residents filed for a referendum shortly after the council’s approval, and in September, a judge ruled in favor of allowing the referendum to proceed. The county and Wasatch Peaks Ranch have since filed an appeal, which is expected to be heard by the state Supreme Court.
According to state law, if a zoning law change is subject to a referendum, the original zoning remains in place until citizens have a chance to vote on the change. However, despite this, the ranch developers requested approval of permits for a new subdivision under the zoning approved by the council, leading to the issuance of the temporary restraining order.
The order requires Wasatch Peaks Ranch to halt all construction and development on its property, with the exception of protective maintenance, and also prohibits the sale or transfer of any property while the order is in effect. The order is set to last for 14 days, during which time the court will consider issuing a preliminary injunction.
The legal battle between the resort and the county residents has been ongoing for some time, reflecting the larger trend of conflicts between developers and local communities over land use and zoning regulations. The outcome of this case will have implications not only for the development of Wasatch Peaks Ranch but also for the broader issue of property rights and local control over land use decisions.
As the legal proceedings continue, the five county residents seeking the injunction have faced obstacles in their efforts to collect the necessary signatures for the referendum. They will need to collect about a thousand signatures to be able to put the zoning laws changes on the ballot.
The ruling from the district judge reflects the complex and contentious nature of land use and zoning disputes, and the outcome of this case will have significant implications for both the residents of Morgan County and the developers of Wasatch Peaks Ranch. The legal battle is expected to continue as the case makes its way through the appeals process, with the final decision ultimately resting with the Utah Supreme Court.