But a 3rd District judge on Thursday said no. That land falls within a 4,000-acre area being considered for annexation into Salt Lake County, and the city must wait until that bigger issue is resolved by the state Supreme Court. "The city and developer went forward with plat approvals in the face of a judgment of disconnection, and they did so at their peril," Judge Anthony Quinn said during the hearing.
In a 3-2 vote last month, Bluffdale's City Council chose to exercise eminent domain and take Gary McDougal's property, which lies east of Camp Williams. Developer Brent Tanner planned to run two roads and underground utility lines to his planned hilltop subdivision, Southern Highlands, which now is landlocked. He would, in turn, build a detention pond and up-size its water pump station to provide for Bluffdale.
But that hit a snag Thursday when Quinn said the condemnation would violate a stay order from the earlier case. That order maintains the status quo on the 4,000 acres in southwestern Salt Lake County until the high-court decision. Condemnation can be used only to benefit property within the city, but the petitioner's attorney Bryan McDougal pointed out that "no municipal services will be delivered into the city" if the disconnection takes place.
Councilman Bill Maxwell said he "didn't have a lot of heartburn with the ruling," but he added that he understands developers don't want to keep waiting for the Supreme Court decision. "As a city, I don't think we can necessarily stop developers, but we found out today that the judge can," Maxwell said. Bruce Baird, the attorney for developers seeking the disconnect, told the judge that Bluffdale "sold its soul" by scurrying to prove it can work with other developers in the "off chance" the case now before the Supreme Court comes back to 3rd District Court.
"This is a blatant attempt to manipulate [the disconnect] litigation," Baird said. Following the hearing, Dave Millheim, a managing partner with one of the developments trying to get out of Bluffdale, said the city knew the disconnect case was undecided and should not have considered the Southern Highlands plat. "I'm just glad justice prevailed, and I look forward to the Supreme Court's decision," Millheim said.
"I hope Bluffdale stops wasting the taxpayers' money.
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