6 days ago
Heber Valley Temple lawsuit: Judge hears arguments on temple construction
HEBER CITY, Utah () — A hearing for the lawsuit against Wasatch County involving plans for the Heber Valley Temple was held this afternoon. The judge is reviewing the details and information shared today and says she will issue a written ruling in the near future.
The lawsuit, filed in November 2023, asked that Wasatch County disallow the Church of Jesus Christ of Latter-day Saints from building the temple on the set land in Heber City due to concerns of light pollution, blocking valley views for homeowners, and increased disturbances.
Judge Jennifer A. Mabey is the assigned judge on the case and began the motions for summary judgment hearing Monday afternoon. Attorneys discussed concerns from the residents who filed the lawsuit, the support from members of the community, and the Church's arguments for the development agreement.
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Robert Mansfield, an attorney for the residents who filed the lawsuit, began by presenting the reason that they filed the lawsuit. Mansfield first explained that the temple, set to be over 80,000 square feet and roughly 210 feet tall, would be built in a residential zone.
He argued that 'special privileges' were offered by Wasatch County to the Church when it came to the section of land that was dedicated for the construction of the temple. Changes were made by Wasatch County to the general plan without the proper disclosure and without meeting public comment requirements, according to Mansfield.
'Approval under threats of litigation does not comport with fundamental fairness. Also, the land use actions do not protect property values; there's going to be increased traffic, noise, loss of privacy, loss of views, light pollution in the evenings, and that hurts values,' Mansfield explained.
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He further explained that there is nothing that demonstrates the temple project will protect property value, and that the Wasatch County ordinance amendments violated state law. Mansfield asked that the court grant their motion for summary judgment and deny the motion from the county.
Jonathan Woodard, Deputy County Attorney for Wasatch County, explained that under the County Land Use, Development, and Management Act (), Wasatch County was within its rights to make allowances for the construction of the temple.
Letters written to Wasatch County by residents were shared with the court. Woodard read off these public comments, which all involved residents expressing their excitement for a temple and explaining that it would end extra travel and support religious freedom. The nearest temple is located in Lindon, Utah, roughly 30 minutes from Heber City, Utah.
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Woodard said these considerations went into the ordinance changes that would allow the temple's construction. Under CLUDMA, he argued the temple would improve 'the morals, peace, good order, comfort, convenience, and aesthetics' of the county.
David Jordan, an attorney for the Church of Jesus Christ of Latter-day Saints, argued that the development agreement did not violate CLUDMA or any state or county codes. He further said that the public comment session held in October 2023 met the requirements for notice of amendments to the county ordinances and plan.
Manfield, in response to the arguments shared by Woodard and Jordan, argued that although the county and the Church were within their rights to make this development agreement, they did fail to go through the proper procedures outlined in CLUDMA and Utah State Code before beginning the project. He again asked for the injunction to stop development.
Judge Mabey told the court that she was going to take time to review the case and would issue a written ruling on the lawsuit.
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During the General Conference on October 3, 2021, the prophet of the Church of Jesus Christ of Latter-day Saints, Russell M. Nelson, to the Heber Valley area. One year later, on October 8, 2022, a groundbreaking and site dedication was completed by Nelson.
In April of 2023, Wasatch County in an attempt to please both the Church and residents. According to the county, they received letters from residents for and against the regulation changes for the temple's construction. The Church said that these ordinances would be in line with industry standards, and they would adhere to a curfew to maintain dark skies.
Months later, on October 26, 2023, to a Wasatch County Council meeting to voice their concerns about the Heber Valley Temple. Residents were concerned about light pollution taking away the dark skies near their homes with the new regulations.
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A group of residents called Save Wasatch Back Dark Skies led the pushback from the community. On November 29, 2023, a lawsuit was filed against Wasatch County by some residents who participated in this group. They asked that the development of the temple be halted by the judge.
In January 2024, the Deputy County Attorney for Wasatch County filed a motion to dismiss the lawsuit, saying that the individuals who filed it did not have enough legal backing to pursue the lawsuit. Days later, , saying that the county would only protect its own interests and not those of the Church.
On April 30, the court decided not to dismiss the lawsuit and allowed the Church of Jesus Christ of Latter-day Saints . Since this, multiple revisions, arguments, discussions, and reviews of county ordinances and temple construction plans have been filed.
On the , the current plan listed for the temple says that it will be 87,626 square feet and 210 feet tall. It will feature two attached end towers, and inside will be four instruction rooms, four sealing rooms, and one baptistry.
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