We just received this email from one of the Powderville citizen litigants re today's Powder Mountain Court hearing:
If you guys haven’t heard already, we lost the case. Judge Jones ruled for the developers.That's it for now, folks. That's all the information we have, at this point at least.
Consider yourselves the first of the Utah general public to be "in the know."
Proposed new state motto: "Utah...the top-most bastion for U.S. corporo-fascism" (corporate welfare.)
We'll follow up with more information when it's available.
Feel free however... to blow off any pent up steam right here.
The world-wide blogosphere is sitting on the edge of its seat, watching developments in this story. (Believe us - our web stats software reveals that this story is being closely followed all across the big blue bulb):
Don't be shy, Gentle Readers. Let us know what you're thinking is on this topic.
Update 6/17/09 11:14 a.m. MT: Readers who've been referred to this article from the Ogden Valley Forum blogsite should be sure to read today's new WCF article, which provides some useful (and possibly encouraging) new information:
• Powder Mountain Update: Powder Mountain Dispute Isn't Even Close to Being Over YetHave at it OVF readers.
14 comments:
Rudi:
This challenge was mounted based on an interpretation of Utah statutes. Has any challenge been brought on constitutional grounds?
Reading all this complicated legal shit gave me a major headache... so I just ruled in favor of my old boss (whom I love) to keep it simple.
Let me give my old friend Dr. Cobabe a big wet kiss on the buttocks right now!
SMOOOOOCH! AHHHHHH!!!
Hopefully this ruling will put me in stake President Lee's good graces too. Ii'm hoping some day to get a missionary assignment to one of the South Sea Polynesian Islands.
I'm also hoping he my friend Dr. Cobabe won't die of old age, before his family and his developer friends have the chance to thoroughly rape Ogden Valley.
I also ski regularly at Powder Mountain, along with my family and many friends.
Hopefully, I'll be in line for more than a few "comp" ski passes, if you know what I mean (and I think you do.)
"Has any challenge been brought on constitutional grounds?"
Yes Curm, read this and this.
State constitutional issues were a major part of this lawsuit.
Tellingly, none of the parties however mentions possible Federal Constitutional restraints in their pleadings, which we presume the non-prevailing litigants have "saved" for a subsequent federal courts appeal.
I'm not at all sure this case is even close to being over yet, frankly.
Pending appeal, we wonder if the incorporation will go forward?
Regardless, sorry Deja; you really stepped up to the plate, thank you.
RJS:
Who Deja?
It is our understanding that Deja Mitchell has been instrumental in trying to have a fair court process occur, and as a property owner within the affected area, has much stake in the outcome.
Again, we wish her the best.
RJS:
TY
Before the county held their ground and said the town council needed to be fair, the foes of Powderville created a strategy to bankrupt the perpetrators. This all went dormant as the courts did their thing, and now it is time to launch the next phase of the strategy which is legal, focused and deadly. Generally speaking, we expected this outcome and our plans are now timely.
We have all been quiet for awhile, but expect the activists to re-emerge.
Was this Jones boy elected or appointed? What are the odds he will be re-elected if he was ever voted for in the first place.
Any one of us knows a judge must recuse him/herself if they have a conflict of interest. This Mormon jug head needs to be put in the unemployment line permanently! Let him arrange hymnals in the Ogden Temple or something he is qualified to do. Be a judge...not so much.
This is a sad day!
Again "our" system stands up for the rich few. Free Capatilism doesn't work - at least not when the "voters" are more concerned with reality TV than the reality happening in their own back yard!
Again - a very sad day indeed.
Who ever these Activists are that Mr. Anonymous speaks of - I've never seen one in Ogden. Save Mr. Dan S. Let them come forth. Let us orgainize and take control of the our world - at least our own backyard.
Comment bumped to main page
What impressed me in was the argument by the developers that under Utah's laws and constitution, while there is absolutely a right to vote in an election, there is no right to an election per se. If the law had called for an election for the first town council of Powder Mountain Developer Exploitation City, then eligible voters within the limits of the corporation would have an enforceable right to vote in it. But since the law didn't require an election, there is no citizen's right to elect their municipal government.
Ah, Utah....
I have mixed feelings about the whole Powder Mountain issue-but it seems that the anger at the Judges' ruling maybe a bit misplaced.
The true villians in this tragedy are the state legislators who passed the 2007 law in the first place. What special interests were they serving when the law was passed. I do not believe the current owners of Powder Mountain provided the push to pass that law. Who originally benefited from the law when it was passed?
Peterball
Well for one, the law firm owned by former speaker Curtis and his partner Daniels (a former judge by the way)
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