The Kamas City Council formally declared its opposition to the West Hills incorporation bid on Tuesday, unanimously approving a resolution supporting the Kamas Valley Preservation Association’s efforts to push back against the proposed township.

“I want this resolution to incentivize people to vote, that we’ve got your back, that we also agree with what you’re intending to do,” said Kamas City Councilor David Darcey, addressing members of the association. “The state code sets the bar so low for incorporation. … It feels like the community and you guys are being held hostage to the developer, and this developer has, like you said, undue influence.”

The Kamas Valley Preservation Association, a fledgling nonprofit organization founded by residents in March, aims to preserve the rural and agricultural character of the Kamas Valley. The group’s first initiative is to combat the West Hills incorporation, citing negative economic and cultural effects they believe the township will have on the area.

The proposed West Hills site covers 3,600 acres along S.R. 248 near Kamas. The matter of incorporation will appear on the Election Day ballot.

To be eligible for incorporation, the state requires the valid signatures of property owners representing at least 7% of the assessed land value and 10% of the land area, based on the value and acreage of each signer’s property.

Eleven residents — who make up 23% of the registered voters within the proposed West Hills boundaries — signed the petition and met the land-related requirements. The Lieutenant Governor’s Office certified the petition on Feb. 26.

A total of 47 registered voters live within the proposed boundaries and will determine whether West Hills will be incorporated as a new township.

Kamas Mayor Matt McCormick said the resolution opposing West Hills’ incorporation was proposed by the association, but he sent it to the municipality’s attorneys for review. The city’s legal counsel revised portions of the language before presenting the draft to councilors Tuesday.

The City Council was initially wary of the resolution, with City Councilor Jessica Bateman saying she was nervous about the possibility of a lawsuit. She also expressed concerns about whether it was proper for the city to get involved, considering the issue will be decided by some voters in November.

Derek Anderson, a Salt Lake real estate attorney and the town’s sponsor, said he believes Bateman’s gut reaction to the resolution was correct. He called the measure “inappropriate” and “unlawful.”

“Moreover, the use of taxpayer funds, public spaces and public resources by Kamas City to wage a campaign against neighboring landowners outside their jurisdiction is highly problematic,” Anderson said in a statement Thursday. “It seems that some council members initially hesitated to adopt the resolution out of fear of being sued, but ultimately yielded to political pressure and agreed to use the city’s voice, resources and funds to oppose West Hills, thus violating Utah Code.”

However, despite approving the resolution, the Kamas City Council did not specifically earmark any funding, city property or other resources for use by the Kamas Valley Preservation Association to oppose the West Hills incorporation.

In addition to concerns about the legality of the resolution, Anderson also called into question the association’s status as a nonprofit organization.

“Kamas City’s endorsement of KVPA — a political action group claiming nonprofit status without IRS approval — could mislead citizens regarding potential tax deductions for their contributions,” Anderson said. “IRS regulations prohibit nonprofit status for lobbying groups of this nature, and that group appears intent on disenfranchising voters from deciding the incorporation issue in November.”

Anderson said he believes the association needs to tell donors any monetary contributions are likely not tax deductible, adding that Utah Code requires “municipal neutrality” on ballot initiatives.

“We believe this law has been violated multiple times, particularly in this case with Kamas City endorsing a group that seeks to thwart this initiative,” he said. “The proposed West Hills property owners have followed all legal incorporation procedures.”

All five members of the City Council individually said they agreed with the association, and Darcey suggested reframing the resolution as a message of support for the organization’s efforts.

He also said councilors should view the resolution as an opportunity to communicate their viewpoint to the state Legislature.

“I know the mayor has met with representatives talking about the preliminary municipality, which could be another form of how this could go. If this is defeated in November, like you said, it’s going to be another whack-a-mole, and we’re going to have another one come up,” Darcey said. “Will it be one of the two allowed preliminary municipalities? I think maybe we should be thinking about our resolution with the state Legislature in mind, and I really like this grassroots effort.”

Dakota Pacific Real Estate, a company involved in a controversial development project in Kimball Junction, filed a petition to incorporate 47 acres near the Skullcandy building as a preliminary municipality in January.

Preliminary municipalities have the ability to transition to and incorporate as new townships, which include “all the powers and duties” of a town, such as zoning and land-use decisions. They require a feasibility study and formation of a board to make decisions until it becomes fully incorporated as a town.

Preliminary municipalities can file for incorporation once their population exceeds 100 people.

West Hills in its current form likely does not meet the requirements needed to establish a preliminary municipality, however. Senate Bill 258, which created the pathway to incorporation through a preliminary municipality, only applies to land privately owned by three or fewer people who intend to develop it with at least 100 people and 10% affordable housing in six years.

Jeramy Bristol, a founding member of the Kamas Valley Preservation Association, said approving the resolution empowers and in a way legitimizes the nonprofit organization for when members approach other East Side communities, potential voters and Summit County residents about the West Hills incorporation.

“There’s something special about what we’re trying to do,” Bristol said. “I think that this will be a demonstration that we’re working together to accomplish this. We plan to publish both sides of the story if there’s something good about West Hills that we should be publishing. We’ve talked to people to try and find out what those things are, but we also recognize where there’s a lack of two-sided discussion.”

McCormick also pointed out that a handful of residents and association members have submitted an annexation petition, which he said demonstrates their commitment to the city and their desire to be involved in community development and preservation.

“We are true to what our goal is, and that’s not West Hills,” Bristol said. “Our goal is to help, inspire, educate and invite and encourage people to be a part of this process, as well as every process in the valley. … It does change our community. I absolutely believe everything that happens in this valley affects Kamas City. It affects the residents of Kamas City, so yes, I think this an opportunity for Kamas to say, ‘Look, we’re willing to support groups who are in alignment with what we are doing.’”

But Anderson doesn’t view the KVPA as protecting the Kamas Valley community. Instead, he said it’s an example of established property owners refusing to accept change.

“It’s classic ‘Shut the Gate’ or ‘NIMBY-ism,’ where existing homeowners, for their own benefit, attempt to exert influence and control over the property of others who haven’t built on their land yet,” Anderson said. “Everyone loves open space, especially when they don’t have to pay for it and it’s on someone else’s property.”

The City Council unanimously voted in favor of the resolution as dozens of association members packing City Hall clapped and cheered.

Anderson created West Hills and its boundaries in 2023. He’s redrawn town lines at least three times as property owners asked to be excluded from the project.

The Lieutenant Governor’s Office stopped accepting or granting exclusion requests in the latter half of 2024, including those submitted by property owners who were not previously included in the boundaries before the deadline passed. Utah Code states sponsors don’t need prior approval from a landowner to include them in the proposed boundary.

Twenty-two people spoke at an informational public hearing in January, all opposed to the township. Many East Side residents expressed frustration with state law and their inability to decide whether their properties should be included in the proposal, calling the incorporation bid a property rights issue.

But West Hills supporters said they believe the incorporation would actually give residents more flexibility with their property, help control expected growth in the area and encourage open land preservation.

If voters are in favor of incorporation, the five sponsors of the town — Derek Anderson, Sam Castor, Gregory Myers, Nathan Anderson and Vance Checketts — will select the number of city council members and draw district boundaries.