Monday, June 15, 2009

Powder Mountain Update: Powderville Oral Arguments Set for Tomorrow A.M.

Breaking: The Powderville litigants face off for their first courtroom slugfest

Breaking news in the heretofore languishing Powderville lawsuit. Late this morning we received a reader email, suddenly informing us that the matter has been set for oral argument tomorrow morning, before the Honorable Ernie Jones, the 2d District Court Judge who's presiding over the case. We incorporate the full text of this missive below:
The Powder Mountain town incorporation court hearing is tomorrow morning at 9 am in Judge Ernie Jones' courtroom at the Second District Court.
For your convenience, copies of the briefs from all sides that have circulated in this case are attached. They make some interesting reading (if you have a free afternoon). Of particular interest is the shortest, Weber County's 2-page brief from 5/18/2009.
FYI, at the hearing tomorrow there will be no witnesses and no testimony. This will all be legal arguments by the attorneys.
Judge Jones disclosed that he was on the Powder Mountain Ski Patrol for 20 years, but has been off of that for the last 10 years. He does ski at P.M. often. He indicated that he did not recognize any of the names of the petition sponsors or citizen plaintiffs. The citizens are pleased to have the case heard by a judge who is familiar with the area and topography.
Well over half of the voters in the proposed town remain opposed to the incorporation.
See you tomorrow!
As an added bonus, our alert reader has indeed sent us a selection of pleadings and legal memoranda, which will presumably serve as the basis for argument during tomorrow's hearing. We accordingly link them here, in chronological order (for lack of a more logical arrangement):
Powder Mountain Briefs for 6/16/09 Oral Argument
Unfortunately, we did not receive copies of all the parties' initial pleadings (Petitions, Responses and any possible Preliminary Motions), but for those who are willing to plow through the legalese contained in the above court papers, we believe these memoranda and briefs will provide enough information to allow savvy readers to get the drift on the legal issues involved in this matter.

Comments are invited as always... and we do hope that at least a few of our readers will take up our gentle reader's invitation, and make it down to the courthouse tomorrow morning to witness The Big Show. It isn't every day that we have the opportunity to see Evil Tyranny slug it out with Righteous God-given American Liberty, in a lowly Ogden City-situated court. It's another round in an old-fashioned American battle that's going on between political good and evil, of course, since the time of OUR NATION'S FOUNDING, people. And it's happening right here, in our own back yard.

Update 6/15/09 3:15 p.m. MT: Be sure to check out Valley's most excellent Ogden Valley Forum article on this subject too.

And don't let the cat get your tongues, O Gentle Ones.

Update 6/15/09 6:50 p,m. MT: For those readers carefully following this story, Ogden Valley Forum also provides this helpful Powder Mountain fiasco timeline.

Get outta your shells, people. What happens in Ogden Valley directly affects those of us in the relative bench-front "flatlands" too.

Where do Ogdenites prefer to recreate? The Godfrey family chicken farm in Harrisville? From what source do you get your culinary water?

Gimme a break!


no mo pow mow said...


Can we hang Stake President Daniels by his testicles??

Ernie the Attorney said...

Jones should recuse himself.

Ernie the Attorney said...

I've taken a little time to read Rudi's proffered legal documents, and it seems to me that the citizens's argument is the most interesting of all.

Whereas the developer argues that the perfection of "township" under the old statute means all subsequent milestones should be mechanically measured by the provisions of the old Statute, the Powderville citizens point out that any subsequent timeline developments, such as the possible necessity of calling new Township elections, are governed by the new statute.

I wonder whether an old Powder Mountain Ski patroller and frequent PM skier like Ernie Jones will be able to grasp this important legal distinction?

Who TF knows?

Dan S. said...

Off-thread, but Charlie Trentelman has put up an interesting blog post about alleged "lies" told about him here on Weber County Forum.

Ozboy said...

In my humble opinion Trentelman is a self absorbed boob. A good writer for sure, but still an arrogant jerk, especially with anyone who dares to differ with him on any given subject.

I think it is a real hoot he would complain about ethics and honesty when he defends the Mayor's integrity!

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