Clearfield's annexation and rezoning of 32 acres along its south boundary with Layton violated state statutes, the Davis County Boundary Commission ruled Tuesday, declaring the action void.
Layton protested the Sept. 13 annexation on the grounds that Clearfield failed to provide notification of its intended action and did not draw up a policy statement on the property's use.The Boundary Commission heard testimony on the action Nov. 29 but did not render a judgment until Tuesday, asking for minutes of the Clearfield City Council meeting of Sept. 13 when the annexation was approved and a legal opinion from the Davis County attorney's office.
Clearfield City Attorney Lawrence Waggoner maintained at the first hearing that the city only announced its intention to annex the property and the action had not been completed yet.
Waggoner agreed the city hadn't drawn up a required policy statement on the property yet but called it a procedural error that would be corrected before.
But the commission ruled the minutes are clear that the city annexed and rezoned the property, opening it for development of single-family homes and a mobile-home park proposed by developer Dennis Higley.
The property is on the north side of 10th North between 30th West and 32nd West, by Layton's street grid system. It is adjacent to 80 acres Layton annexed a year ago that prompted a court challenge by Clearfield.
Clearfield maintained that 10th North has been the unofficial dividing line between the two cities and Layton violated a 1979 "gentlemen's agreement" by annexing it.
But the court ruled the 1979 agreement illegal because it limits the action of future city councils.
The commission's ruling does not prevent Clearfield from starting over on the annexation procedure, but the developer said he is running out of time.