The Salt Lake Tribune's Kristen Moulton reports this morning that Emerald City property owner Michael Moyal and his partner have prevailed in their case before Utah's Office of Property Rights Ombudsman, pursuant to their claim that Emerald City's recent 6-month Riverside property development moratorium is illegal under Utah law.
We quote from today's article in pertinent part:
OGDEN - Utah's property-rights ombudsman says Ogden illegally enacted a land-use moratorium, which it used as the reason for denying the owners of the Ogden River Inn permission to open a restaurant.Although this decision is merely "advisory," it's a step in the right direction for Mr. Moyal and his business partner.
In an advisory opinion issued this week, the ombudsman office said Ogden did not have a "compelling, countervailing public interest"- as required by Utah law - when the City Council froze all construction activity in the Ogden River Project area for six months.
The council voted for the moratorium on Jan. 2, but backdated the effective date to Dec. 19.
At the time, Ogden planners argued the temporary land-use ordinance, or moratorium, was necessary so the city could prepare a mixed-use ordinance for the 60-acre redevelopment project.
"Ogden's findings cite a preference for one land use over another as justification for the temporary ordinance, and suggest that the matter is urgent, although the river-project plan, which is the basis for the temporary ordinance, was adopted 4 1/2 years ago," the opinion said.
It was signed by Brent Bateman, one of the attorneys in Utah's Office of Property Rights Ombudsman. Bateman will soon replace Craig Call as the lead state ombudsman.
The co-owner of the Ogden River Inn, Michael Moyal, who had requested the opinion, said Wednesday that he's hopeful the city will now work with him and his partner so they can reopen a long-closed restaurant.
City Attorney Gary Williams could not be reached for comment, but Council Chairman Jesse Garcia said he expects city officials will work with Moyal to resolve the issue.
Lacking cooperation from the Emerald City administration, the next step, of course would be the District Court. This ruling would, we think, provide a sound legal foundation for Mr. Moyal, in the event he is forced to seek legal redress through the courts. In addition, it would put the burden upon the Emerald City administration to demonstrate that the Ombudsman's ruling was in error. Among other things, Mr. Moyal and his partner may be entitled to recover attorney's fees, in the event of litigation, together with other damages they may have suffered as a result of the city's highly oppressive action.
Mr. Moyal and his partner say they do not wish to litigate. They merely want to exercise their property rights and open their restaurant.
Will Boss Godfrey and his gang of property rights meddlers wake up and smell the coffee? Or will Emerald City find itself bogged down in another round of expensive and unnecessary litigation, on the eve of the 2007 municipal election?
A Weber County Forum Tip O' the Hat this morning to Michael Moyal and his partner, Balwinder Singh Johal, for exercising their legal rights under Utah Law, and achieving this important interim legal victory.
Don't let the cat get your tongues, O Gentle Ones.
