Hours after it appeared there was no way out of a legal morass that has enveloped a polygamous sect's trust, Utah Attorney General Mark Shurtleff said parties had crafted a letter of intent they hope to present in court on Wednesday.
Attorneys for the FLDS, the United Effort Plan Trust and the states of Utah and Arizona spent about 12 hours Friday working on a future plan for the trust, which holds most property in the twin towns of Hildale, Utah, and Colorado City, Ariz.
"We're close on a letter of intent," Shurtleff said as he left the State Capitol around 7:30 p.m. "I think all sides have come a long way."
A confidentiality agreement precludes parties from sharing specifics, but attorneys previously said a plan would include payment of about $2.6 million in outstanding trust expenses and a means of resolving housing disputes in the community.
It was the fourth day of such discussions, urged last November by 3rd District Judge Denise Lindberg. Attorneys met for three days last month but failed to reach consensus.
Court-appointed fiduciary Bruce R. Wisan, who has overseen the trust since 2005, left the Capitol about 5:30 p.m., saying no deal had been reached.
Lindberg has set a status conference for Wednesday to review negotiations and new filings in the case.
Those filings include a petition filed by the Arizona Attorney General's Office and Wisan for approval to proceed with sale of Berry Knoll Farm. Members of the Fundamentalist Church of Jesus Christ of Latter Day Saints oppose sale of the land, which they say has historical, economic and spiritual significance.
On Thursday, attorneys for the FLDS filed a motion asking Lindberg to bar Wisan from any trust actions pending a hearing on their request that he be replaced for "interference and malfeasance." Lyle Jeffs and James Oler, both bishops in the FLDS church, have asked to intervene in the case on behalf of the church and its members.
The UEP Trust was created in 1942 to safeguard property of fundamentalist Mormons who continued to practice polygamy as a religious tenet. Lindberg has overseen the trust since 2005, when the Utah Attorney General's Office alleged its assets were being mismanaged and jeopardized by two lawsuits.
Over the past four years, Wisan has spent about $5 million to manage and fight legal battles involving the trust.
As he left Friday evening, Wisan said the trust had made what it considered a generous proposal -- too generous from the perspective of some of his advisory board members, he said. There was one major sticking point and in the end, no deal, Wisan said.
"Depends on who you ask," Shurtleff said when told of Wisan's comment.
He said the letter of intent was being e-mailed to Wisan and Bill Richards of the Arizona Attorney General's Office on Friday evening in hopes of getting "everyone to agree so we can all go together to the judge."


