Gibby, who has been in legal fights with the city over his property before, says the board illegally revoked a city-issued road-grading permit.
His claim? Two board members - Boyd Adams and Joyce Clifton - are biased against his development plan. His proof? He says they signed the Friends of Maple Mountain's petition to put Gibby's property rezone on the ballot.
"The city manager and the mayor asked them to recuse themselves, and they did not," Gibby said Monday.
City Administrator Robert Bradshaw said the city is drafting a legal response to Gibby, and that the recusal issue was left to individual board members to work out.
Clifton, contacted Monday, said the decision was made on the basis of law - not opinions. She said she had asked Gibby's attorney, M. Dayle Jeffs, if Gibby's case was backed by city ordinances, and when he said no, that persuaded the board to deny the appeal.
Adams could not be reached for comment.
In 2007, Mapleton granted Gibby permission to build 47 homes on Maple Mountain to settle a lawsuit over access across Gibby's property to the Bonneville Shoreline Trail. Part of the development plan calls for moving power lines on the site. To get the power crews up to the site, Gibby obtained a grading permit, which Friends of Maple Mountain challenged. The Board of Adjustment ruled that the permit was improperly issued and revoked it.
Gibby said his suit challenges the board's authority to countermand decisions of elected officials - and includes the claims of alleged bias.
Jim Lundberg, of Friends of Maple Mountain, said the appeal appears to be yet another attempt by Gibby to coerce the city into acceding to his wishes. Friends of Maple Mountain has fought Gibby's attempts to develop in what they believe is an environmentally sensitive area
"It's just more of the same," Lundberg said.
