A landowner and developer are suing West Jordan over an annexation effort they say threatens land values and makes a costly interruption on a building project.
A 3rd District judge will decide if West Jordan legally annexed 29 acres of property within city limits set by newly incorporated Taylorsville-Bennion. Dancing around the case are allegations of land-grabbing and residents' pleas to developers to leave their neighborhood alone.It's a rugged chunk of land that sits at about 6600 S. 2200 West and borders the West Canal Road. Residents there own horses; one has a mink farm. It's a rural, agriculturally flavored area, filled with residents who have publicly pledged their support to West Jordan.
Performance Dynamics Inc. began soliciting approval for a development of single-family homes with the understanding that Taylorsville-Bennion, not West Jordan, would be their landlord, according to the lawsuit.
When West Jordan annexed the property in early December, it made the area subject to different zoning requirements. In fact, the type of development the company plans isn't allowed in that area.
The city wants to maintain bigger lots, City Manager Dan Dahlgren said.
If it has to replan the area, extra costs and delays may prevent the developer from meeting agreements connected to the project, the lawsuit states. Filed on behalf of Performance Dynamics and resident Gladys Margetts, the lawsuit asks to void the annexation.
"This was nothing more than a land grab," said attorney Dennis Poole, who represents the plain-tiffs.
Dahlgren said he could not discuss the case this week but says his city is not stealing property out from under anyone's nose. "The whole concept of annexation in this area is one in which the residents came to us."
The two cities made several unsuccessful attempts to settle the dispute.
Poole said Margetts, who is in her 70s and owns 5.6 acres in the neighborhood, lives on Social Security. The 5 acres is her only asset, and problems for the Performance Dynamics development mean trouble for her financial security.
She has plans to sell part of the property to the developer to supplement her income, Poole said. The same property is integral to the project.
"Everyone will have expended a significant amount of money to fight an illegal, invalid annexation of property that clearly is within Taylorsville-Bennion's city limits," Poole said.
Judge William Bohling will rule on the case Feb. 26.
The hearing at the end of the month may establish some rules for land exchanges and annexations during the limbo time until July 1, when Taylorsville-Bennion officially has power as a city.
Meanwhile, officials in neighboring Taylorsville-Bennion wait and watch on the sidelines of the case.
Taylorsville-Bennion Mayor La-Velle Prince expects the lawsuit will be upheld and the annexation overturned. "West Jordan went way beyond their bounds and jumped the gun on this."
If this happens, the two communities go back to negotiating the boundary between them. Taylorsville-Bennion doesn't want to fight the residents' wishes to be in West Jordan, and the two cities may swap chunks of land.
In this scenario, the 29 acres would end up in West Jordan anyway.
"A border agreement will include the fact that (West Jordan) will have to absorb that development," Prince said.
Luanne Sullivan was raised in the area. She and her husband just purchased property and will build a house there soon. "I just want to be in the city of West Jordan."
Jeff Hillstead moved his family and several horses to a 4-acre plot in the rural area two years ago. He had lived in West Jordan for several years before that and likes the direction officials are taking the city and their philosophy about development.
The neighborhood can't handle the development Performance Dynamics proposes, he said. "It is not conducive to what everyone in the neighborhood wants."
He knows eventually the land around him will be subdivided. He's worried that six months from now, when the neighborhood is no longer a priority for the cities and developer, the neighborhood must deal with its problems alone.
"I don't want to see the ranchers forced out of business."