A second group of attorneys representing landowners in the proposed West Hills boundaries has sent a notice of alleged legal violations to Summit County and the Kamas City Council regarding claims of unlawful involvement in efforts to defeat the incorporation on the ballot in November.
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, but only 47 registered voters living within the hypothetical town boundaries will determine whether the new town will become a reality.
West Hills supporters said they believe incorporation will give residents more flexibility with their property, help control expected growth in the area and encourage open land preservation.
Other East Side residents have opposed the incorporation, including 10 property owners who filed a lawsuit against the state and town sponsor Derek Anderson last month. Those against the proposed new town have 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.
The Kamas Valley Preservation Association, a fledgling nonprofit organization dedicated to preserving the rural and agricultural character on the East Side, asked the Kamas City Council in April to pass an ordinance indicating support for the group’s efforts to oppose incorporation.
The Kamas City Council obliged and unanimously voted in favor of the ordinance, but City Councilor Jessica Bateman earlier in the meeting voiced doubts about whether it was appropriate for the city to get involved and mentioned the chance of a lawsuit.
Five attorneys representing landowners within the proposed West Hills boundaries, including Anderson, subsequently sent a joint notice to Kamas City Mayor Matt McCormick on May 2, calling the City Council’s adoption of the ordinance an “egregious and unlawful” action. Days later on May 9, Summit County received a similar letter.
The attorneys requested both parties take immediate actions to “cease and desist from all activities using public resources or official positions to influence” the incorporation or the group will pursue compensatory and punitive damages in court, as well as injunctive relief.
It’s not the only legal action the two governments may be facing, however.
A second group of attorneys from Nevada-based law firm Lex Tecnica submitted a similar notice of legal violations to Summit County and Kamas City on May 29, stating the law firm represents a group of landowners known as “The Preserve” who are focused on preserving open space and own properties within the proposed boundaries of West Hills.
The notice alleges “a sustained and unlawful campaign by the Conspirators (Summit County and Kamas City) to influence, obstruct and oppose” incorporation “in violation of multiple provisions of Utah law and governing legal precedent.”
It further claims officials who have spoken against incorporation are aware of state law prohibiting their involvement, citing an email from former Summit County Council Chair Malena Stevens on June 17, 2024, in which Stevens tells a constituent that “Summit County Council cannot advocate for or against this annexation per the (state) statute.”
“This is a statutory process that the County Council is not party to. For concerns, you need to contact the Lieutenant Governor’s Office,” the email says.
The notice specifically mentions the Political Activities of Public Entities Act, which became a state law in 1999. The legislation “prohibits counties and public officials from using public funds, employee time, official platforms or other taxpayer-supported assets to advocate for or against any ballot proposition.”
“When government actors speak in their official capacity, invoke their titles, utilize official communications, use public resources or make public statements tied to their professional duties, their expression constitutes ‘government speech,’” the legal notice said. “Such expressions against a legal initiative or ballot question are not protected under the First Amendment and must comply with the statutory limits on political activity by public entities.”
The document lists alleged incidents of officials violating the law, including:
- Public statements against the initiative by Kamas City Councilor David Darcey and Summit County Community Development Director Peter Barnes
- Media coverage of Darcey’s and Barnes’ statements opposing incorporation in which the two were identified by their official titles
- The use of internal County Courthouse and Kamas City communications and formal correspondence to express opposition to the incorporation’s feasibility study
- The formal resolution passed by the Kamas City Council opposing the incorporation, “followed by coordinated public commentary from County officials”
- The use of Kamas City funds, personnel, equipment, meeting houses and related services to oppose incorporation
“Such self-serving conduct by public officials, using public resources, is unbecoming of Americans and Utahns and is openly and notoriously illegal and immoral,” the notice states.
The attorneys then requested immediate relief, including a demand to cease “all official actions aimed at influencing the Proposed Incorporation,” terminate the use of government resources to advocate against West Hills, initiate “internal corrective measures” and restore public neutrality in all dealings related to incorporation.
If the issue is not “satisfactorily addressed” within 60 days, per Utah Code, the law firm will pursue $500,000 in compensatory damages, punitive damages, injunctive relief, declaratory judgment “affirming that the conduct of the Conspirators is unlawful” and recovery of attorneys’ fees.
Summit County officials said Monday they were unable to comment on any pending litigation. Kamas City officials have not responded to a request for comment as of Tuesday morning.