FLDS ask judge to halt land sale

Members of the Fundamentalist LDS Church are going to federal court to halt the pending sale of a section of farmland along the Utah-Arizona border.

In a motion for a temporary restraining order, FLDS members seek to stop the sale of Berry Knoll, a 711-acre patch of land being put up for sale by the man placed in charge of the polygamous church's real-estate holdings arm, the United Effort Plan Trust.

"In the last few years our communities and our faith have come under sustained and systemic attack by the state of Utah," FLDS member Willie Jessop wrote in an affidavit filed with the court papers. "The principal means by which that attack has been carried out is the state's takeover of a sacred Trust and appointment of a self-proclaimed 'State-Ordained Bishop' to administer the trust."

Lawyers for the FLDS Church say that the entire UEP Trust under court control is a violation of the group's First Amendment right to freedom of religion. In 2005, the courts took control of the UEP Trust over allegations that FLDS leadership mismanaged it, including claims it discriminated against ex-members. The trust controls homes and property in the FLDS enclaves of Hildale, Utah, and Colorado City, Ariz.

"Of course the trust was operated under religious principles, and of course the trust 'discriminated' on the basis of determinations made in accordance with Holy Scripture and divine revelation," Jessop wrote.

"Although it appears the special fiduciary believes churches can be required not to follow their own doctrines but only 'neutral principles' dictated by the state, that is contrary to our beliefs, including our belief that all people may worship as they choose and make their own determinations as to matters of church doctrine like 'just wants and needs."'

A 3rd District judge ordered reforms, including subdividing the property that does away with the communal concept the UEP Trust was founded on. The FLDS claim the court-appointed special fiduciary, Bruce Wisan, is seeking to sell Berry Knoll to members of a rival polygamous sect to raise money for the cash-strapped trust.

After years of relative silence, FLDS members have recently begun challenging the reforms in court.

"This is a piece of property that not only has long been integral to the economic life of the FLDS community, but also has particular religious significance as a temple site," said attorney Stephen C. Clark.

This is the second filing in a week to halt a Nov. 14 hearing in St. George on the sale of the land. In Salt Lake City's 3rd District Court, lawyers for the church asked for more time so that newly retained attorneys could get up to speed on the case.

Contacted by the Deseret News on Wednesday, Wisan said he had not seen the restraining order request.

"Certainly we would object and think it's without merit," he said. "We hope the court would agree."

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E-mail: bwinslow@desnews.com

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