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 UEP Trust needs money to pay for water lines, fire hydrants, surveys and what not and guess who will be asked to pay for it?

Fiduciary Bruce R. Wisan is sending a letter to residents of Hildale and Colorado City informing them that, come January, every household will be expected to pay a $100 a month to cover the trust's expenses. He has not yet figured out who will collect the money.

Wisan sought to have the cities pay for the upgrades, but officials refused. That is a developer's responsibility, they said, and the trust is the ''developer'' turning land once owned by a single entity into private lots.

Wisan eventually acquiesed.

But residents are in for an expensive ride. He estimated a few months ago that infrastructure improvements could cost as much as $1 million. That expense is partly because the water supply to the two towns is insufficient to accommodate growth and even struggles now to provide service to existing residents. This summer, the city tanks nearly failed. And lines laid down years ago are inadequate to meet today's fire codes.

Still, Wisan blames the cities for these "substantial costs,'' saying he has encountered "noncooperation, delay and, in some cases, outright obstruction from the City governments.''

Ah, the good old days, when community residents just pitched in to do what needed to be done.

Here's how it used to work, according to affidavits submitted to the FBI in the 1980s during a battle between FLDS trustees and apostates who wanted the right to stay in their homes.

Resident No. 1:

''The affiant states that he was a member of an organization commonly known as the missionary corps, which was organized in September 1959 under the immediate and personal direction of the United Effort Plan trustees, which trustees were understood to be the same as the religious governing body, the Priesthood Council.''

''The affiant further states that the object of this missionary corps was to help build up the United Effort Plan holdings in Colorado City and elsewhere with the labor of the corps. It was understood that we were working for the common welfare of all who chose to be associated with the United Effort Plan effort. The affiant spent about two years full time working on ditches, homes, farms and public buildings.''

Resident No. 2 (a woman, likely Cora Stubbs):

''The lot was assigned in Colorado City at approximately 1961. Contributions made to the United Effort Plan are as follows:

1. (Blank) donated one year of his service as a plumber.

2. Her husband helped pay for all of the water pipe laid on Laurtizen Avenue, Colorado City, Arizona, which was approximately two blocks of 2 1/2 inche pipe.


Resident No. 3.

''In the latter part of 1958, in the first part of 1959, United Effort Plan encountered financial problems in Colorado City, Arizona. The fundamentalist church leadership decided to require two-year work missions from young male members to save the UEP.''

''During March 1960 (blank) was approached by the church leadership and he was asked to serve a work mission for the fundamentalist Mormon faith. (Blank) consented and he began work in the church sawmill located near Colorado City, Arizona. During his two-year mission, (blank) also cleaned streets and built homes in Colorado City.''

That led to (Blank) getting a lot and a wife, the document states.

''(Blank) stated that he knew when he took possession of his unimproved lot that continued possession was dependent on good membership in the fundamentalist Mormon faith.''

The man then made improvements to his assigned building lot. The improvements included:

1. Leveling the building lot
2. Paying for culinary water and sewer hookups to the home
3. Planting trees, lawn and other landscaping
4. Building a home and basement
5. Paying the tax assessments between $100-$250 yearly.

Labels: UEP

A 5th District judge quietly signed off on a request that Elissa Wall's lawsuit against the United Effort Plan Trust be moved to Salt Lake City.

Court-appointed fiduciary Bruce R. Wisan had asked the court to either dismiss her lawsuit or move it to 3rd District Court. Judge G. Michael Westfall agreed the case should be heard in Salt Lake City, since Wall had no real reason to file it in the southern court. But he declined to dismiss it.

Wisan also wanted the case assigned to Judge Denise Lindberg, who is overseeing the UEP Trust litigation. But it landed on Judge Sandra Peuler's desk.

That's probably a good thing, since Wall's lawsuit could prove to be an all-out war between Wisan and her attorneys, Roger and Greg Hoole. As far as I can tell, the gloves are off after Wisan rejected Wall's multimillion dollar settlement offer.

On Tuesdsay, Wall's attorneys had a bailiff hand subpoenas to nine FLDS members who showed up at the sentencing of sect leader Warren S. Jeffs. It was somewhat of a random affair since some of the subpoenas had blank spaces for names -- which were filled in when the attorneys saw who showed up for the hearing.

Among those who were handed subpoenas: Lamar Johnson, Lindsey Barlow, Rodney Holm and Marianne Holm Johnson.

Greg Hoole told me the FLDS nine will be deposed in December, describing it as a ''very gentle, short deposition'' to see what they know about the former UEP trustees. Most of those trustees are in hiding. Warren, of course, is now living at the Utah State Prison in Draper.

You have to wonder whether there will be any one in the community who is not dragged one way or another into court before this is all over.

Labels: Elissa Wall, FLDS, UEP

A court battle is brewing between Elissa Wall and the UEP Trust.

Wall, the accuser in the Warren S. Jeffs' criminal case, filed a lawsuit in 2005 seeking damages from the trust for the psychological harm she experienced in her unwanted marriage to Allen Steed. She made a settlement proposal to the trust in May.

An attorney for Bruce R. Wisan, who now oversees the trust, rejected that offer and put Wall's attorneys on notice that he'll seek to have her lawsuit dismissed.

The response from Wall's attorneys? Bring it on.

In a letter to the trust, Roger Hoole declares he will now "pursue, to the fullest extent, all of her damages at trial.''

So what ''damages'' is Elissa Wall seeking from the United Effort Plan Trust? Here is what is specified in the letter.

1. A $1 million for the ''M.J. Fund,'' money that will be used to help women and children leaving polygamy. M.J., by the way, were the fake initials Wall used to protect her identity when she first filed the lawsuit.

2. ''To secure the Harker Farm, which FLDS people consider sacred, so that the Harker families can continue to earn their livelihood while providing food for needy trust participants and to protect it from being sold.''

3. Compensation for Wall in the form of 12 lots and acres of trust land. Among those parcels are the lots on which her father's home and her husband's father's homes are located.

4. Compensation for her attorneys in the form of 11 acres of trust land in Maxwell Canyon.

5. A faster process for returning homes and businesses to trust participants.

6. Whatever other compensation Wall requires ''under the circumstances.''


Most of those demands were contained in the May settlement offer Wall made. But there are a few changes. Wall is now asking for more lots. The faster process for turning over homes is new. So is the Harker Farm demand.

Wisan seized the farm from several Harkers who are FLDS members to satisfy a default judgement against the trust. He is preparing to sell it to several Harkers who are apostates from the faith.

So which side of the Harker family is Wall talking about? And the only thing the farm is currently producing is milk, so how will she feed the needy? Is the intent to keep the farm in the trust and churn (pun intended) its proceeds back into the trust?

And there is this, too. Wall and her husband, Lamont Barlow, are obviously no longer in the FLDS. Suppose they get possession of their fathers' homes.

Would their fathers even accept them, given the FLDS prohibition on contact with apostates? Would they accept homes from the woman who sent Jeffs to prison? Could they, without risking their own membership in the faith? Do Wall and her attorneys plan to ask them to make that choice?

Stay tuned.

Labels: Elissa Wall, Harker Farm, 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

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

As Bill Hendrickson might say, ''Good Lord! It's back!''

HBO's ''Big Love'' show kicked off its second season last night, picking up with Barb having a meltdown after being tossed out of the Beehive Mother of the Year awards banquet.

The first episode of the fictional show, about a polygamous family in Utah, wove plenty of real-life threads into the story line.

Among them:

A television playing in the background can be heard describing the third Safety Net Meeting held at the University of Utah. Yes, there is a Utah Safety Net Committee and it's second town hall forum was held at the University of Utah.

Another television report features a story about a fugitive polygamist sect leader wanted by the FBI. The anchor adds that the sect's UEP has been taken over by the state. Roman Grant, the shady leader of Juniper Creek, watches the piece and then comments, ''stupid, greedy pervets. They are going to ruin it for the rest of us.''

Well, the Warren Jeffs and FLDS saga finally makes an overt appearance in the show.

As for Roman's comment, I've heard much the same from many polygamists about Jeffs, head of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Another television episode features a SWAT team search of a home in Cedar City, where the fugitive prophet is believed to be hiding.

That really happened, too. Last summer authorities swarmed a home in Cedar City after getting a tip that Jeffs might be there or have visited there.

But what was most interesting to me was the take on marriage that was showcased in this episode. I'll tackle that in the next post.

Labels: Big Love, FLDS, UEP, Warren Jeffs

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