Mayor Elaine Redd, who is suing the government she presides over, has been named along with the city in a lawsuit filed Monday by developer David K. Mast.
Mast, whose U.S. General Inc. is developing property next to the huge South Mountain development in Draper, charges that Redd has intimidated the city's staff into showing favoritism to South Mountain's developers.The lawsuit was filed in 3rd District Court as an amendment to a request for a restraining order Mast filed two months ago. He is trying to stop South Mountain from doing certain road construction work that Mast says will affect the viability of both his subdivision and nearby commercial property.
His suit says the mayor coerced the staff into making false statements that misled the City Council into granting some approvals for South Mountain. It charges Redd intimidated the staff by "threatening not to sign renewals of the staff's employment contracts."
The suit also alleges the city:
- Approved development that violated the city's master plan and street master plan with regard to the size and layout of roads without amending those plans.
- Approved development in violation of the city's 30-percent slope requirement.
- Approved development plans that were lacking the required engineer's drawings.
In an interview Tuesday, Mast said he also plans to ask Judge Tyrone Medley to order the city to pay monetary damages.
Mast said it is unfair that he was required to build a road with a 72-foot right-of-way when South Mountain was given an exception to that requirement. He also objects to the city's approval of South Mountain's request to change the location of portions of 300 East, which South Mountain is building. Mast said those changes directly impact his developments.
"Another dispute I have is I have attended several meetings where South Mountain was making their presentations to the Planning Commission and City Council and the information they relied on in approving (a South Mountain phase) was erroneous information," Mast said.
Mast also says in the suit that Redd violated his right to free speech at a recent public meeting. Redd made a similar claim in her lawsuit against the City Council, filed last month. She is asking a 3rd District judge to determine whether the city's current form of government, which de-emphasizes the role of the mayor, was illegally established in 1989.
Redd and City Manager David Campbell were unavailable for comment Tuesday morning.
Terry Diehl, a partner in the South Mountain development, said South Mountain is doing all of its work with permits and approvals form the city. He had not seen the suit and declined further comment.
Mast is developing the Draper Heights subdivision, a 123-unit development on 74 acres on the Traverse Ridge bench above South Mountain.