State Supreme Court to hear Grantsville vs. Tooele lawsuit
by Tim Gillie
May 26, 2009 | 3201 views | 2 2 comments | 25 25 recommendations | email to a friend | print
The Utah Supreme Court will rule on an eight-year-old lawsuit between Grantsville and Tooele cities after all.

Grantsville City appealed the dismissal of the lawsuit by the 3rd District Court to the Utah Court of Appeals last year. The Court of Appeals referred the case to the Utah Supreme Court, which transferred it back to the Court of Appeals without giving any reason for the transfer last fall. Last week, however, the Supreme Court sent written notice to both parties that it would take up the case.

“The Supreme Court did not give any reason for why they decided to hear the case,” said Roger Baker, Tooele City attorney. “We just received a very short and simple written notice from the Supreme Court that said they would hear the case.”

The original breach-of-contract lawsuit was filed in 2001 by Grantsville and Stockton cities against Tooele City. The suit claimed Tooele violated agreements with the two cities over the transfer of the Utah Industrial Depot from the Army to Tooele City, and reneged on subsequent economic development promises.

The case was dismissed by 3rd District Court Judge Mark Kouris in 2007, who ruled there was not enough evidence to prove breach of contract. Grantsville appealed that decision — a process that will now end in the Supreme Court.

Both sides in the case have submitted written briefs. The Supreme Court will schedule an hearing for oral arguments and then may take up to a year to render a decision.

A date for the oral arguments has not been scheduled yet, according to Tooele City Mayor Patrick Dunlavy.

In the lawsuit, Grantsville and Stockton claim Tooele failed to create a broad base of industrial jobs to replace the 1,900 jobs lost in the county when the Tooele Army Depot was realigned. They also allege Tooele spent the proceeds from the sale of the UID only on projects in Tooele City, rather than on economic development.

Tooele claims it paid substantially for infrastructure upgrades at the UID, including roads, water, and sewer, as well as providing police and fire protection. Tooele also claims it has spent money to attract businesses to the UID without help from Grantsville or Stockton.

As of January 2009, Tooele had spent $1.45 million on the lawsuit while Grantsville had spent $947,000.

“We just hope we can wrap up this lawsuit and put an end to the matter by the end of the year,” Dunlavy said. “Defending ourselves has been a drain on the city budget.”

Grantsville Mayor Byron Anderson declined to comment on the issue.

Tim Gillie: tgillie@tooeletranscript.com

Comments
(2)
Comments-icon Post a Comment
gov
|
June 01, 2009
Okay, so Grantsville hasn't raised there property taxes every year, but they do remain in the higher property tax bracket compared to many other cities in Utah. Having a budget shortfall of 17 percent and no rainy day fund, shows poor planning and of course, a move toward raising property taxes. Maybe grantsville will finally get elected officials that are forward thinking.
gov
|
May 27, 2009
Sad thing is, is Grantsville keeps fighting a losing battle. When the supreme court sees the facts they will uphold the first ruling in favor of Tooele City. Also, if you read the last weeks article on Grantsville City raising our property taxes, its because they have spent all the general fund money fighting a losing case. Thanks Mayor Anderson!! Now you know why grantsville police officers spend all day handing out tickets, they need as much money going back into the general fund as they can get. If you ever check the states property tax list, you will see that GRANTSVILLE IS ONE OF THE HIGHEST, ESPECIALLY FOR SMALLER CITIES/TOWNS AND THEY CONTINUE TO RAISE THEM EVERY YEAR!
report abuse...

Comments will be posted after review. Please allow up to 24 hours for comment approval.

Readers are solely responsible for the content of the comments they post here. Comments do not necessarily reflect the opinion or approval of the Tooele Transcript-Bulletin. Abusive comments and users are subject to rejection or removal without notification.

We will reject and remove comments that contain any of the following: Potentially libelous statements; personal attacks, insults or threats; profanity or obscene references; copyrighted articles or information used without permission; promotional messages of a commercial nature; links to other Web sites; comments unrelated to the topic of the article.

By posting a comment, you are agreeing to abide by these guidelines. Violation of these guidelines may result in a user being barred from posting on the Web site.

Online Edition
Shadowbox Test Site

THIS WEEK'S ADS

QUALITY AUTOMOTIVE
To Flash Zoom Click HERE
Click HERE to visit our website



RITZ THEATRES
To Flash Zoom Click HERE



QUALITY AUTOMOTIVE
To Flash Zoom Click HERE
Click HERE to visit our website



DAVID K. PALMER
To Flash Zoom Click HERE



BIG O TIRES
To Flash Zoom Click HERE
Click HERE to visit our website



AMERICAN BURGERS
To Flash Zoom Click HERE
Click HERE to visit our website



MOUNTAIN WEST MEDICAL CENTER
To Flash Zoom Click HERE
Click HERE to visit our website



TRANSCRIPT BULLETIN PUBLISHING
To Flash Zoom Click HERE
Click HERE to visit our website