Developer sues over incorporation denial

Published: Monday, April 21, 2008 2:16 a.m. MDT
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The would-be developer of Aspen, Utah, has filed a civil case against Wasatch County, the County Council, the town of Daniel and several county officials in relation to an incorporation denial.

The suit was filed in 4th District Court in early April after Utah's Supreme Court twice denied hearings on extraordinary writs involving the issue. The plaintiff in the case is the West Daniels Land Association, a group headed by Arizona developer Dean Sellers.

The Supreme Court cases held that the county was wrong in denying the incorporation of Aspen. The county instead allowed many residents of unincorporated Wasatch County to be annexed into the town of Daniel, thus reducing the possible population of Aspen.

The annexation petition and incorporation petition were filed within hours of one another in November 2007.

If the case is found in Sellers' favor, the incorporation of Aspen could move forward based on a controversial law passed in 2007 that allows single landholders to set up governments in new towns.

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