Judge steps aside in UEP case
Fiduciary Bruce Wisan is ''boiling'' mad about the slow progress in breaking up the UEP trust property.
Last January, he filed a lawsuit seeking a default judgement against Hildale after the city council ''abstained'' from acting on Wisan's subdivision plan. The council said it would not ''defend or object to a court proceeding or order granting a petition to subdivide.''
In other words, the council told Wisan to do what he had to in order to get the subdivision going but it did not want to help him along.
Why? When FLDS members helped buy and build up UEP properties, they did so in the name of God and their faith. The lands are consecrated for that purpose, in their view, and can not be taken back.
Back to the lawsuit. After filing it, the court action was idled while a truce of sorts developed and Wisan and the city began working together on the subdivision.
But much too slowly for Wisan's liking. He recently renewed his effort to get a default judgement against the city and have 5th District Court Judge Eric Ludlow order Washington County to approve the subdivision.
Wisan noted in a court filing that much of the plat he sought approval for was already well developed, with culinary and sewer lines in place. ''No basis exists in fact or law for [the city] to disapprove the plat,'' he said in a court filing. He called the city's balkiness ''arbitrary and capricious.''
Not so fast, said Richard Chamberlain, the city's attorney.
The council's absention did not mean that Wisan would get a free pass on ''reasonable requirements'' for getting his subdivision approved. Existing utillities need to be mapped, Chamberlain said, and certain water lines need to be upgraded to meet fire protection regulations.
''Hildale's request for the identification and mapping of public utilities and the improvement of municipal infrastructure constitutes reasonable requirements in connection with an application for a subdivision,'' he wrote the court.
Wisan had indicated in an October letter to the city that he expected the subdivision approval process would be completed by March 30, 2008, Chamberlain said.
So Wisan's renewed effort to get a default judgement against the city came as a surprise, Chamberlain said in a Dec. 17 court filing.
Wisan told me he had changed his mind because city officials had failed to keep to an agreed upon schedule that ensured the process would wrap up by March. He wants the city to approve the subdivision based on his pledge to get the infrastructure work done.
Fifth District Judge Eric A. Ludlow agreed and on Wednesday he granted Wisan's request for a default judgement.
Not so fast, the city said.
An attorney representing Hildale alleged Ludlow had a conflict of interest hearing the case because he had prosecuted cases against FLDS members.
Ludlow apparently agreed. On Thursday, he recused himself.
Here is the entry from the court docket:
The Court notes the Default Judgment was signed Dec. 19, 2007. Notice was given to the Court after the Default Judgment was signed that a party submitted documents to contest the Judgment. Notification was given by phone to all parties of the Court's intention to recuse on December 19, 2007. The Court now makes a Matter of Record of the Recusal. This case will be assigned another Judge.
Last January, he filed a lawsuit seeking a default judgement against Hildale after the city council ''abstained'' from acting on Wisan's subdivision plan. The council said it would not ''defend or object to a court proceeding or order granting a petition to subdivide.''
In other words, the council told Wisan to do what he had to in order to get the subdivision going but it did not want to help him along.
Why? When FLDS members helped buy and build up UEP properties, they did so in the name of God and their faith. The lands are consecrated for that purpose, in their view, and can not be taken back.
Back to the lawsuit. After filing it, the court action was idled while a truce of sorts developed and Wisan and the city began working together on the subdivision.
But much too slowly for Wisan's liking. He recently renewed his effort to get a default judgement against the city and have 5th District Court Judge Eric Ludlow order Washington County to approve the subdivision.
Wisan noted in a court filing that much of the plat he sought approval for was already well developed, with culinary and sewer lines in place. ''No basis exists in fact or law for [the city] to disapprove the plat,'' he said in a court filing. He called the city's balkiness ''arbitrary and capricious.''
Not so fast, said Richard Chamberlain, the city's attorney.
The council's absention did not mean that Wisan would get a free pass on ''reasonable requirements'' for getting his subdivision approved. Existing utillities need to be mapped, Chamberlain said, and certain water lines need to be upgraded to meet fire protection regulations.
''Hildale's request for the identification and mapping of public utilities and the improvement of municipal infrastructure constitutes reasonable requirements in connection with an application for a subdivision,'' he wrote the court.
Wisan had indicated in an October letter to the city that he expected the subdivision approval process would be completed by March 30, 2008, Chamberlain said.
So Wisan's renewed effort to get a default judgement against the city came as a surprise, Chamberlain said in a Dec. 17 court filing.
Wisan told me he had changed his mind because city officials had failed to keep to an agreed upon schedule that ensured the process would wrap up by March. He wants the city to approve the subdivision based on his pledge to get the infrastructure work done.
Fifth District Judge Eric A. Ludlow agreed and on Wednesday he granted Wisan's request for a default judgement.
Not so fast, the city said.
An attorney representing Hildale alleged Ludlow had a conflict of interest hearing the case because he had prosecuted cases against FLDS members.
Ludlow apparently agreed. On Thursday, he recused himself.
Here is the entry from the court docket:
The Court notes the Default Judgment was signed Dec. 19, 2007. Notice was given to the Court after the Default Judgment was signed that a party submitted documents to contest the Judgment. Notification was given by phone to all parties of the Court's intention to recuse on December 19, 2007. The Court now makes a Matter of Record of the Recusal. This case will be assigned another Judge.
Labels: Bruce Wisan, Hildale, UEP
1 Comments:
Why does Bruce Wisan think that subdivision code and law does not apply to the UEP. When it was one owner it was one thing, but in order to have a legal deeded subdivision there are requirements that come into play regarding infrastructure, since the property will now have many deeded owners and lots can be sold. Everyone else in Utah and Arizona is held to the subdivision requirments before legal subdivisions can be ok'd by the governments. Why does Bruce think the law does not apply to him?
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