East Avenues residents want a judge to issue a temporary restraining order to halt construction on an exclusive 43-home subdivision near the block "U."
In a petition for review filed Monday in 3rd District Court, five residents say Salt Lake City made an "arbitrary and capricious decision" when it approved the Federal Pointe subdivision, approved for an area about 400 North and 1600 East. Watts Corp. purchased the land from the Salt Lake School District for the development.Residents want Judge Richard H. Moffat to issue an order to stop bulldozers and earthmoving equipment that have been on site since last week. They also want the judge to review what they feel was the city's unfair approval process for the development and violation of federal limitations in the area. The Greater Avenues Community Council will discuss the issue Thursday night.
Assistant City Attorney Bruce Baird said the petition is "completely without merit."
"The city will seek sanctions and attorneys fees . . . (The residents) had an extremely fair hearing. The plaintiffs have forgotten a basic principal of democracy - the right to lose and they have lost four times," Baird said.
Residents Terry B. Becker, Frances A. Gay, Willamarie Huelskamp, William R. Littig and Sue Jensen Weeks filed the petition for review against Salt Lake City and the city's Planning and Zoning Commission.
"I think the issue is that this is public land that was meant to be kept as open space in our foothills. It has been allowed to be turned into a private subdivision to financially benefit a special interest. The losers are the taxpayers, recreation- alists and neighbors who were given token input into the process," said Becker.
The petition is the most recent roadblock residents have attempted to throw up to stop the subdivision. In early April, residents exhausted their appeals at City Hall when a hearing officer rejected their claims. That followed an August subdivision approval by the Board of Adjustment.
In their petition, residents say that the city has allowed construction to begin at the site without waiting for a 30-day appeals time period to expire. In addition, they say issues raised during city hearings were ignored. They include issues surrounding traffic, fire danger, wildlife impact, compliance with the National Environmental Policy Act and geologic hazards.