Dozens of Summit County voters will see an initiative resurrected from the dead on their Election Day ballots in November: the incorporation of West Hills.

West Hills is a proposed township covering 3,600 acres along S.R. 248 near Kamas. It was scheduled to appear on the ballot last year until Third District Judge Matthew Bates ruled the proposal — and the state’s incorporation process — unconstitutional just weeks before Election Day.

The legal proceedings stemmed from a lawsuit filed by 10 Summit County property owners who claimed West Hills’ incorporation process violated their rights by offering only some landowners a chance to opt out of being included in the town’s proposed boundaries.

However, Derek Anderson, the sponsor behind the West Hills incorporation movement, contested Bates’ decision and appealed the case to the Utah Supreme Court in February, with his attorneys arguing the state law was designed to ensure the process progresses smoothly and with reasonable deadlines.

The Utah Supreme Court last week issued its own ruling siding with Anderson and allowing the West Hills incorporation to move forward, more than four months after the two sides argued their case in a Salt Lake City courtroom.

The Supreme Court agreed with Summit County property owners’ concerns regarding differential treatment, saying the incorporation law divides landowners into classes and “similarly situated” property owners added to the town’s boundaries later in the process may not have the same rights as those included at the beginning.

But the Supreme Court said the differential treatment is “reasonably related” to the law’s design, which aims to prevent “endless boundary changes so that incorporation questions can proceed to the ballot box.” Essentially, landowners may be treated differently to avoid starting the incorporation process from scratch each time a property is added to, or wants to be removed from, the map in order to allow voters to make a decision on Election Day.

Anderson in a press release called the initial lawsuit ironic, saying it was framed as a defensive measure for landowners even though it violated the property rights of those who supported West Hills.

“A handful of wealthy, out-of-area donors who want to protect views from their own property should not be allowed to invoke property rights to strip away their neighbors’ rights or to get a veto over how the rest of us regular landowners, who actually own and use the property within these boundaries, exercise our rights,” he said.

Anderson also decried the lawsuit for delaying the vote on West Hills and thanked the Supreme Court for “upholding the law and restoring that right” to be heard on Election Day.

Janet Conway, an attorney representing the Summit County property owners, said she was displeased with the verdict.

“We are disappointed with the ruling and are considering our options and next steps,” Conway said in a statement to The Park Record.

Kamas Valley residents have largely opposed the West Hills township since its proposal two years ago, with community members citing concerns over property rights, economic viability and the sponsor’s motives.

Meanwhile, West Hills supporters believe the incorporation will give residents more flexibility with their property, help control expected growth in the area and encourage open land preservation.

Only the 97 registered voters living within the proposed West Hills boundaries will be eligible to participate in the ballot initiative.

The post West Hills incorporation question returns to Summit County ballots appeared first on Park Record.

U.S. District Judge Ted Stewart dismissed a lawsuit against the City of Kamas last week that claimed local officials had violated state and federal laws by publicly supporting the Kamas Valley Preservation Association, a nonprofit organization that opposed and campaigned against the proposed West Hills incorporation.

The lawsuit, filed by a group of West Hills supporters known as The Preserve, also named the Kamas Valley Preservation Association as a defendant, and the nonprofit’s attorneys filed a motion to dismiss the case in October. They argued the complaint failed to include legitimate legal claims and violated the state’s anti-SLAPP statutes, or laws designed to prevent frivolous lawsuits, especially those related to free speech and public participation.

Stewart’s order last week sided with the nonprofit, and he dismissed both the federal and state claims associated with the case. However, the state claims were dismissed without prejudice, which means the complaint could be filed again in a second lawsuit.

“We always believed The Preserve’s complaint wholly lacked merit and are pleased the court agreed,” said Janet Conway, an attorney representing the Kamas Valley Preservation Association.

Sam Castor, The Preserve’s attorney, told The Park Record on Thursday that his clients intend to pursue further litigation.

Castor filed the lawsuit in federal court last August and named Kamas City, Kamas Mayor Matt McCormick, the Kamas Valley Preservation Association and specific Preservation Association members Jeramy Bristol, Lindy Sternlight and Craig Savage as defendants.

The complaint claimed the defendants “colluded to engage in unlawful government action” when the Kamas City Council voted to support the Preservation Association and its work in the local community, which included a campaign against the proposed West Hills incorporation.

Specifically, the lawsuit alleged the city used “backchannel communications” and “targeted pressure campaigns” that “deceived the public, misused public resources, exploited official platforms and spaces, and built an illegal coalition to manipulate public perception and depress property values to enrich themselves.”

West Hills supporters in the complaint accused Kamas and the Kamas Valley Preservation Association of six alleged abuses, which have now been dismissed: 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.

Conway at the time of the lawsuit’s filing said her clients had “done nothing wrong” and were “simply trying to protect” their Constitutional rights.

The proposed West Hills site covered 3,600 acres along S.R. 248 near Kamas. The matter of incorporation was set to appear on last November’s ballot until Third District Judge Matthew Bates ruled the state’s approach to incorporations violated the rights of property owners.

The Utah Supreme Court ultimately upheld Bates’ decision and removed West Hills from the ballot, with judges at both the local and state levels expressing concerns about voter confusion if Bates’ original order were reversed so close to Election Day.

The Supreme Court held oral arguments in February regarding the constitutionality of the incorporation process and the West Hills proposal to make a final decision on the matter, but an opinion has not been published as of Thursday afternoon.

The post Federal judge dismisses lawsuit against Kamas over West Hills involvement appeared first on Park Record.

In 1848 on a summer day, 662 members of the Church of Jesus Christ of Latter-day Saints left Winter Quarters, Nebraska, striking a westward path on a 109-day journey to the Utah Territory.

The group included a number of well-known people important to the history of the church and the soon-to-be state of Utah, most notably Heber C. Kimball, after whom Heber City is named.

The company, now remembered as the Heber C. Kimball Company by church historians, arrived in the Salt Lake Valley on Sept. 24, 1848.

Benjamin Thomas Mitchell, a 32-year-old pioneer originally from Pennsylvania, was one of the hundreds of new Utahns determined to create a life in the mountainous desert.

Mitchell would ultimately return to Nebraska to lead his own company west in 1854, but decades later he settled in the Kamas Valley on what would eventually become Main Street. The Rock House, at 30 South Main Street, was built by Mitchell in 1871 and is now the oldest surviving building in the city. The structure would go on to serve Kamas Valley residents and pioneers as a tithing storehouse, meeting house, jail and city building.

Modernday East Siders interested in preserving the culture and history of Main Street are worried about the building, however, as well as dozens of other significant structures in the area. 

Their concern landed the Kamas Main Street corridor on Preservation Utah’s annual list of most endangered historic places in Utah this year, one of only 12 sites selected for facing “serious threats … from neglect and development to natural disaster and disuse.”

“These endangered places span centuries — from prehistoric indigenous sites to early pioneer industry, mid-century modern marvels and once-bustling community centers,” said a Preservation Utah press release. “Many are listed on the National Register of Historic Places. Others, though equally vital, have never been formally recognized and remain vulnerable to quiet demolition or irreversible alteration.”

Preservation Utah was established in 1966 to protect historic spaces across the state. It was the first statewide preservation organization incorporated west of the Mississippi, and the staff takes pride in their dedication to local partnerships and advocacy, including the community-driven list of most endangered sites.

“We actually sent out a statewide call for communities to nominate locations, spaces and cultural resources that we’re at a significant risk of losing,” explained Preservation Utah Executive Director Brandy Strand. “The spaces that you see on our endangered list this year are community submissions. These come from the people who are living and breathing right next to these spaces, and they’re worried about losing them. It is very much from the local community trying to bring more awareness to their own history.”

The Kamas Main Street corridor is listed as endangered because of development-related anxieties, Strand said. Community members want to preserve the historic buildings, but there are no zoning regulations or ordinances in place declaring Main Street a protected area.

“When you look through all of the photos we have that were submitted by community members, there are dozens of buildings that range anywhere from 1871 all the way up to 1972,” Strand added. “That aspect of the history being potentially lost is what really brought it to the forefront of our list because of just how many historical assets are in the community and how much the community cares about them.”

Preservation Utah’s role is to raise awareness and serve as a resource for community members. Further work dedicated to preservation needs to be led by locals, and Strand specifically mentioned the involvement of the Kamas Valley Preservation Association, a fledgling nonprofit dedicated to the history and culture of the area.

Strand said next steps for the Kamas community also likely include petitioning the Kamas City Council and other local officials to designate the Main Street corridor as a protected area or, at the very least, to implement guidelines regarding new development near the historic buildings.

The Kamas Valley Preservation Association in a statement said its goal is to strike “the right balance between the community’s shared vision and the responsibilities of individual property owners,” pointing out the financial difficulties tied to historic maintenance and preservation.

“In alignment with Preservation Utah’s recommendations, we advocate for voluntary and practical solutions, including matching grants, tax incentives, technical assistance and city or other recognition programs,” the Kamas Valley Preservation Association said. “These resources empower property owners and help make preservation achievable without added burden.”

Similar to Preservation Utah, the Kamas Valley Preservation Association said its goal is to support property owners by providing information and tools to help protect the city’s heritage “in a way that benefits everyone.”

“KVPA’s vision is a vibrant, thriving Main Street that honors our past and supports future growth,” the press release said. “KVPA remains committed to fostering strong partnerships among property owners, city leaders and preservation advocates to ensure that Kamas Main Street continues to serve the needs of residents and visitors for generations to come.”

The post Kamas Main Street corridor declared an endangered historic space appeared first on Park Record.

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.

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