City officials and a private developer have won at least a temporary victory in a feud between them and residents opposing construction of a multiplex dwelling.
The residents, most of whom live in the city's 200 North and 200 East neighborhood, recently filed a notice to claim - preliminary paperwork for a formal lawsuit - against city officials for allowing construction of an eight-plex near that neighborhood. Also, Spanish Fork attorney Brett Hicken, who represents those residents, filed a writ of mandamus to compel city officials to follow their own zoning ordinances and to place a temporary restraining order on construction of the eightplex.Fourth District Court Judge Cullen Y. Christensen was scheduled to hear both Hicken's and Payson City Attorney David Tuckett's arguments in a preliminary hearing June 5. However, the residents failed to obtain the necessary financial backing and paperwork for the writ, and the case was delayed.
When Christensen finally heard those arguments, he denied the preliminary injunction against construction, saying the plaintiffs had failed to exhaust all possible avenues to settle the issue. He also dismissed the writ.
"Of course we're happy," Tuckett said. "It's a relief to maybe get this behind us."
The residents say the eightplex does not follow ordinances required for placement of multiunit dwellings - most notably, restrictions on setbacks and landscaping.
Earlier this year, the city's Planning and Zoning Commission approved the site plan for two eightplexes on the property, owned by Jerry Ohman. The City Council also gave its approval, despite Councilman Brent York's suggestions that the council table the action and study ordinances for multiple dwellings.
City Manager Keith Morey told the Deseret News that both the council and Planning and Zoning Commission realized their error too late, admitting the eightplex does not follow the ordinance to the letter.
Morey said Planning and Zoning and the council have never followed the ordinance's stipulation for setbacks, and that if the city were to renege on the construction allowance, officials could face a suit from the developers as well.
With construction on the units nearly completed, Hicken told the Deseret News earlier this year that the residents hope to have it halted completely or to have the eightplex moved to a site where it meets zoning requirements. However, if that had occurred, the city would likely have to pay the moving costs.
The plaintiffs have a month to appeal Christensen's decision or to take further court action against the construction. Residents have concerns about the planned eight-plex, and Tuckett said he in unsure whether they will pursue further actions, such as an appeal or filing another notice to claim. The Deseret News was unable to contact Hicken for comment.