FLDS effort to oust fiduciary hits barrier
Restraining order is part of battle to halt evictions
Third District Judge Denise P. Lindberg denied the motion without hearing any arguments, suggesting that the attempt to oust Bruce Wisan was wrapped up in an emergency request to halt evictions in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz.
"At such time as any allegations regarding the special fiduciary's conduct are properly brought to this court, the court will address them after notice and opportunity for a hearing," she wrote in an order obtained by the Deseret News. "The court will not, however, allow an unlawful detainer proceeding to be used to that end."
Lawyers for FLDS members behind the restraining order request were not disappointed.
"We take this as good news because essentially the court is giving us guidance," Bret Rawson, a lawyer representing some of the FLDS members, said Wednesday.
Approximately 57 homes — up to 1,000 people — face eviction for refusals to sign occupancy agreements and pay $100 a month in fees to live on land controlled by the United Effort Plan Trust. In essence, the judge told the inhabitants to wait until Wisan began eviction proceedings in St. George's 5th District Court before fighting it.
"We welcome the opportunity to respond to those allegations," said Mark L. Callister, an attorney for the fiduciary.
The courts took control of the UEP Trust, with assets estimated at $100 million in property in the FLDS communities, amid allegations that FLDS leader Warren Jeffs and others mismanaged it. FLDS leaders refused to answer lawsuits filed by ex-members and have refused to challenge the court's intervention and reform efforts in the trust.
Until now.
"Now that we have been retained there will be a new opportunity to go in and share evidence and information," Rawson said.
Callister welcomed it.
"For the first time in three years we'll have the opportunity to ask some serious questions about why the judge's orders have not been followed by some of the citizens of those communities, and questions concerning what happened to trust assets."
E-mail: bwinslow@desnews.com
Recent comments
re - zxcvbnm:
well there you go. They gave their money...
realitycheck | July 18, 2008 at 10:17 a.m.
Yes they put their money in a church trust and it was well managed...
zxcvbnm | July 17, 2008 at 5:21 p.m.
we all feel bad for them (especially the children), but most of this...
re - Not FLDS 9:25am | July 17, 2008 at 2:47 p.m.
