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.

Labels: Bruce Wisan, Hildale, UEP

Third District Judge Denise Lindberg will travel to St. George on Aug. 17 to meet with prospective members for the advisory board of the United Effort Plan Trust.

For those of you who are new to the blog and to polygamy but familiar with ''Big Love,'' the UEP is the real-life property trust that is the model for the "UEB" led by fictional character Roman Grant. It holds virtually all property in the FLDS stronghold of Hildale, Utah, and Colorado City, Ariz. The state of Utah succeeded in a court takeover of the trust in May 2005.

OK, now you're up to speed.

The trust needs to replace a few members; Lindberg also has called for the board to be expanded. So somewhere between three and five members are likely to be appointed.

On Bruce Wisan's nomination list:

Katie Cox, owner of Southwest Nursery in Hildale and an ex-sect member

Charlotte Chatwin/Wyler, Colorado City postmistress and an ex-FLDS member who is now affiliated with Winston Blackmore of Canada.

Ezra Draper, a car salesman and former ex-FLDS member who is now aligned with Winston.

Andrew Chatwin, an ex-FLDS member who has worked for Wisan and has filed a civil rights lawsuit against a local restaurant.

Charlie Johnson, a drywall contractor, ex-FLDS member and son of Spencer Johnson, who is leaving the board.

Seth Cook, a contractor who now lives in Cane Beds, Ariz., a nearby community; he grew up in Short Creek.


On the nomination list put forth by attorneys Roger and Greg Hoole, who represent plaintiffs who sued the UEP and Warren S. Jeffs:

Katie Cox

Charlotte Chatwin/Wyler

Charlie Johnson

Michelle Chatwin, Andrew's wife, who grew up in Morgan, Utah, and was never a member of the Short Creek community but now lives in Hildale.

Linda Rose Chatwin Carlton, who lives in the Salt Lake Valley and is an ex-FLDS member.

Deloy Bateman, a school teacher, ex-FLDS member and brother-in-law of Dan Fischer, who has funded the Hooles' work.

Alaire Blackmore Oler, an ex-FLDS member and "Winstonite" who lives in Canada.

Margo Johnson, an ex-FLDS member and "Winstonite" who lives in Canada.

Others have submitted their own names for consideration as board members. They include:

Hazel Zitting, a member of Centennial Park, a nearby polygamous community, who lives in the twin towns.

Diane Dockstader -- about whom I know nothing.

Elaine Tyler, director of the Hope Organization in St. George, which works with people leaving polygamy.

Brenda Jensen, an ex-member of the FLDS' Canadian branch who also works with the Hope Organization.

Labels: Bruce Wisan, Greg Hoole, Roger Hoole, UEP

Here is the text of a March 22 letter sent by Evan Johnson to Bruce R. Wisan, who is overseeing the property trust once run by Warren Jeffs and the FLDS church (I've edited it for spelling):

I am putting a labor lien of 20 million dollars on the UEP for labor I did for 57 years on the UEP and now I would like to be paid for that work, being the UEP is a sole proprietorship and not a church or not been seized by the state and if it has been seized then we don't owe any taxes on the land.

If I don't hear from you in at least five days, then I will file with the courts and let it go that way.

I have not got my one million either.

So send it.

Evan Johnson


One problem: Johnson forgot to include a return address or phone number.

Johnson and his wife have been at odds with Wisan after making a claim on a warehouse on the west side of Highway 59 in Hildale, where Laura Johnson formerly operated a wool business. Wisan sold the warehouse to Richard Holm.

Johnson then put a lien on a piece of UEP property in the area north of Hildale known as The Gap; he removed it after Wisan began court proceedings for filing a wrongful lien. At some point, Johnson asked Wisan for $1 million.

Now he apparently wants $20 million for his troubles and past contributions to the UEP.

''We're not taking him too seriously,'' said Jeff Shields, Wisan's attorney. ''I keep advising him that he needs counsel'' and can be held liable for filing wrongful liens.

Labels: Bruce Wisan, Jeff Shields, UEP, Warren Jeffs