U.S. District Judge Ted Stewart this week denied a request from West Hills supporters who asked for a temporary restraining order directing the City of Kamas to withdraw its resolution supporting the Kamas Valley Preservation Association, a nonprofit organization that has been campaigning against the proposed incorporation bid.
The Nevada-based law firm Lex Tecnica filed a federal lawsuit against Kamas, Mayor Matt McCormick, the Kamas Valley Preservation Association and three of its members last month. The law firm represents a group called The Preserve, a collection of landowners within the proposed West Hills boundaries who favor incorporating as a new town.
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.
Salt Lake real estate attorney Derek Anderson created West Hills and its boundaries in 2023, but the original map submitted to the Lieutenant Governor’s Office failed to meet state requirements for incorporation after multiple property owners opted to be excluded from the township. Anderson then submitted a revised map in 2024, which did meet the requirements.
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 in November whether West Hills will be incorporated as a new township.
The Kamas City Council formally declared its opposition to the West Hills incorporation bid in April with a unanimous vote in favor of a resolution supporting the Kamas Valley Preservation Association’s efforts to push back against the proposed township.
Area residents founded the Kamas Valley Preservation Association in March to preserve the rural and agricultural character of the Kamas Valley. The organization the next month told the Kamas City Council its 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 Lex Tecnica lawsuit claimed the City Council and Kamas Valley Preservation Association’s actions violated state and federal law. Specifically, the complaint accused them of six abuses: a violation of the federal Racketeer Influenced and Corrupt Organizations Act, conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act, civil conspiracy, a violation of the Utah Pattern of Unlawful Activity Act, deprivation of due process and tortious interference with prospective economic relations.
The complaint asked Stewart to issue an emergency preliminary injunction and temporary restraining order requiring Kamas City to withdraw its resolution.
“Any delay in issuing immediate relief will allow Defendants to continue unlawful electioneering using public resources to influence the upcoming election, further tainting the electoral process,” court documents said.
Stewart ultimately disagreed with the firm’s argument, citing holes in the administrative process and a failure to accurately portray the immediate need for relief.
The Federal Rule of Civil Procedure allows the court to issue a temporary restraining order if the plaintiff includes an affidavit or verified complaint along with a written certification from their attorney explaining their efforts to notify defendants of the motion. In an order published on Tuesday, Stewart said Lex Tecnica had not fulfilled either of those requirements.
“Their Motion asserts only generally that ‘providing advance notice would risk prompting Defendants to take additional actions that could irreparably harm the election,’” the order said. “Such a vague and unspecific assertion fails to ‘clearly show that immediate and irreparable injury, loss or damage will result’ before the Court can hear from Defendants. Further cutting against ex parte relief is that Plaintiff waited several months to assert that the resolution, which passed in April of this year, presents an emergency.”
Stewart then denied Lex Tecnica’s motion for an emergency restraining order. The law firm has 14 days to file a response. Otherwise, scheduling related to the case will proceed as normal. The ongoing litigation additionally does not appear to affect West Hills’ inclusion on the Election Day ballot.
“Our clients are thankful but not surprised by Judge Stewart’s ruling,” said Janet Conway, an attorney representing the Kamas Valley Preservation Association. “Plaintiff’s motion was wholly without merit. We look forward to demonstrating that this entire action is frivolous.”
Sam Castor, an attorney representing The Preserve, told The Park Record that the temporary restraining order would have only lasted 14 days before requiring a preliminary injunction.
“He is considering the preliminary injunction, which is more important,” Castor added. “Once it is fully briefed and the court rules on it, that will be most telling.”