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

The referendum on the school voucher law, which would have provided tax dollars in the form of scholarships for children to attend private schools, lost big in Utah.

But it won by a landslide in two different polygamous communities.

In Hildale, home to the FLDS group, the referendum was approved by 78 percent of voters. The actual ballot count was 70 in favor, 19 against.

A mere 13 percent of the town's registered voters participated in the election.

In Rocky Ridge, a Juab county town that is home to a satellite group from the Apostolic United Brethren, about 80 percent of voters approved the referendum. The vote was 82 for and 20 against.

The turnout in Rocky Ridge was about 50 percent.

Did voters in these communities understand the referendum? The voucher law was written to make it difficult -- if not impossible -- for polygamous communities to set up schools. An amendment states the scholarships can not be claimed by students attending ''a school that encourages illegal conduct.''

Hildale voters also approved the following incumbents, all of whom were unchallenged:

Philip C. Barlow: 90 votes
Joseph S. Jessop: 90 votes
Harold Peine: 88 votes
Edson Holm: 87 votes

I am not sure how many spots were open on the Rocky Ridge Town Council, but here is how the vote went:

David L. Bunker: 82 votes
Bryan L. Allred: 69 votes
Alma Lane Allred: 37 votes

Labels: Hildale, Rocky Ridge

HIldale and Colorado City narrowly escaped a water crisis last weekend.

Water supplies were already dwindling when a well pump failed last Saturday. Hildale Mayor David Zitting declared a water emergency as water level's in the city's main tank began to plummet. Colorado City issued an identical order.

The orders asked that all outdoor water use be curtailed and use of culinary water be reduced.

In a bit of good timing, a notice distributed Friday in utility billings asked residents of the twin towns to ask themselves, ''Where can I cut back?''

Some suggestions: water yards only once a week, take shorter showers, reduce children's water games, turn off the tap while brushing teeth or shaving.

The cities pledged to investigate water allowed to flow down streets.

''This time of year there always is a concern about our water situation,'' Mayor Zitting said.

Zitting said the executive orders declaring a water emergency had an immediate impact on the situation. ''As soon as it was distributed we saw water rising in the tanks,'' Zitting said.

The water department was able to locate a replacement motor in Salt Lake City on Saturday afternoon. A crew worked through the evening to get it installed.

By noon on Sunday water levels had risen sufficiently in the storage tanks the cities were able to declare the emergency over.

Crisis averted, for now.

The cities are still under a voluntary conservation order. Residents are being asked to cut water usage by 15 percent.

Which may be why last Monday while driving through town I noticed a mere trickle of water flowing down a water slide in the backyard of a Colorado City home. Still, one child could be seen trying to give the ride a go.

Labels: Colorado City, Hildale

I came across this tidbit in the United Effort Plan Trust court file:

07-25-06 Filed return: Summons on Return
Party Served: ZITTING, JAMES K (sub/female)
Service Type: Personal
Service Date: June 02, 2006
08-02-06 Notice - NOTICE for Case 060908716 ID 6696019
We are unable to enter the default judgment/certificate in this
case for the following reasons:

See reason below

Notes: Mr. Zittings weather damaged summons and complaint were
returned to the Court by the female person who indicates that she
did NOT accept service, but left the documents on the ground after
they were dropped at her feet.

Labels: Colorado City, FLDS, Hildale, UEP

A spring thaw is under way in Hildale and Colorado City. Everybody is smiling, waving hello, flying kites, etc.

Or so they say.

I haven't had any one smile and wave at me yet, but I am looking forward to it.

I like the way Brent Hunsaker of KTVX put it: Glasnost has come to Short Creek.

One sign things are changing: Dogs are every where.

I talked yesterday to Isaac Wyler, an ex-FLDS member who still lives in Colorado City, and he told me there are ''more dogs in this town than you can shake a stick at. They are coming in in droves.''

You may remember that several years ago, former FLDS president Rulon Jeffs ordered the FLDS faithful to get rid of their dogs after a toddler was killed in a dog attack. The obedient followers did so.

Wyler also said kids are out playing -- which I did notice last week while visiting the town. But is that due to the warm spring weather after a long hard winter, or something more?

Maybe some of the stalwarts will even show up at the Easter Festival set for Saturday in Cottonwood Park in Hildale.

Wyler and others say there appears to have been a change in philosophy. A year ago when Wyler went around town posting tax collection notices on doors he could hear taped sermons of FLDS leader Warren S. Jeffs being played in most of those homes.

That's not true this year, Wyler said. He has heard tapes of Wendell Nielsen, whom many think is in line to become the next FLDS leader, playing in some homes.

Labels: FLDS, Hildale