No more Legacy suits?

Possible deal could end long battle over highway

Published: Thursday, July 21, 2005 9:13 a.m. MDT
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The state could be close to a deal that would keep opponents of the proposed Legacy Parkway from suing again to stop the project.

A proposal — which has not been made public and was described as being from the Sierra Club and other organizations involved in ongoing negotiations with the state — was circulated among legislators Wednesday during their caucus meetings.

House Republicans reportedly voted unanimously after an hour of debate behind closed doors to move ahead with the process. Senate President John Valentine, R-Orem, was told he had the support of the GOP senators at their private meeting.

Legislative leaders had hoped to meet with Gov. Jon Huntsman Jr. late Wednesday afternoon to consider the deal, but the governor was unable to make room in his schedule, according to his spokeswoman, Tammy Kikuchi.

The possibility of ending the long fight against the 14-mile highway proposed between Salt Lake City and Farmington in Davis County generated some excitement among lawmakers. A 2001 lawsuit had halted initial construction of the highway.

"We in the Senate view it as a positive opportunity to work to get our Legacy highway built," Senate Majority Leader Pete Knudson, R-Brigham City, said. "I think we're all hoping it's not far away."

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Senators stopped short of endorsing the proposal, however. "We just took a look at it and shared the important points with the caucus, but no action was taken," Knudson said. "We felt the governor, the Senate president and the (House) speaker should spend time on this."

The Sierra Club, along with Utahns for Better Transportation, have been in talks with the Utah Department of Transportation since the beginning of the year about what it would take to prevent another lawsuit.

Salt Lake Mayor Rocky Anderson was part of the original lawsuit. But in 2003, the mayor agreed not to be involved in any further Legacy litigation in order to get Davis County lawmakers to free up $2.4 million for the city.

Neither the Sierra Club nor UDOT were willing to discuss the proposal Wednesday, citing the ongoing negotiations. "We're not there yet. We've been talking for a long time," UDOT spokesman Tom Hudachko said. "We're continuing to talk and that's a good sign."

Marc Heileson, regional representative for the Sierra Club, said both sides are "still working hard and negotiating." Heileson did add, however, that progress has been made. "The last month has been very good."

Huntsman met with northern Utah lawmakers earlier Wednesday but did not offer an opinion on the Legacy proposal, Sen. Sheldon Killpack, R-Syracuse, said. Kikuchi declined to discuss details of the negotiations.

"The governor's office is working with members of the Legislature and the plaintiffs," she said. "These are ongoing discussions."

The project is awaiting completion of a supplemental environmental study requested by the 10th Circuit Court of Appeals in Denver after the successful 2001 lawsuit. The state is reviewing and responding to public comments from a draft of that study.

A finalized copy of the supplemental study is expected to be released by UDOT in the fall. Pending court review, the state could receive approval to begin construction as early as next year.


E-mail: lisa@desnews.com

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 (Deseret Morning News graphic)
Deseret Morning News graphic