Daybreak owner sues South Jordan
In a lawsuit filed Thursday in 3rd District Court, Kennecott Land Co. (KLC) accuses South Jordan of violating its contract with Kennecott, saying that through illegal private deals and closed meetings the city bought 174 acres next to Daybreak, transferred it to Boyer Co. and promised to allow residential development there at a density of 14 units per acre.
KLC further accuses the city of illegally condemning the land just east of Daybreak's main entrance and the proposed site of a new temple for The Church of Jesus Christ of Latter-day Saints.
"It's something that we don't think is in the best interest of the residents of South Jordan," Kennecott Land spokeswoman Vicki Varela said. "It creates high-density housing adjacent to Daybreak, and it creates transportation problems to people getting access to the temple in Daybreak."
The LDS Church has also asked the city to reconsider the development, saying in a letter, "We are concerned that the development plans for property immediately east of the proposed temple site provide for changes in transportation access, uses and density not consistent with what was previously presented." Church spokesman Dale Bills said the church had no comment on the lawsuit, to which it is not a party.
Boyer Co. spokesman Wade Williams said that because Boyer is not a party to the suit, he did not want to comment and emphasized that Boyer has not made any application to the city regarding specific zoning or development of the land.
According to the suit, a March 2003 agreement between South Jordan and Kennecott Land laid the groundwork for Daybreak, a master-planned community based on principles of walkability and environmental sustainability. As part of the agreement, Kennecott Land agreed to preserve at least 30 percent of its Daybreak land as open space.
The agreement also called for the city to consider the impacts on Daybreak of any proposed development of the adjacent land. According to the lawsuit, the impact on Daybreak was ignored in the Boyer land deal.
The city bought the land from the previous owner for $40 million after purporting that the land was eligible for condemnation. According to the lawsuit, only a small portion of the land was condemnable for the widening of 11400 South to accommodate Daybreak and The District, a nearby Boyer commercial development.
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