Judge Denise Lindberg ruled Tuesday there were factual and procedural problems with a request from attorneys for the families. Those facing evictions are current or former members of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Lindberg said that any eviction proceeding would be heard in 5th District Court, not by her. She also said the attorneys had not given proper notice of the action nor filed a bond required for all restraining orders.

The judge said, however, that she would look at allegations of improper conduct by the accountant overseeing the sect's United Effort Plan Trust if brought before her separately.

"The good news to our clients is that there is not imminent danger of them being removed without further litigation in the 5th District Court," said Bret Rawson, an attorney who, with Peter Stirba, represents those who received eviction notices. "We now have to determine [if] we ask the court to rule on the remainder of last night's filing or raise the issue again referencing facts in that filing."

Jeff Shields, attorney for court-appointed fiduciary Bruce R. Wisan, said some residents have already moved to avoid eviction.

"We're working with them if they're genuine and have issues," Shields said.

On Tuesday, the attorneys charged that Wisan, appointed three years ago by Lindberg to manage the United Effort Plan Trust, was harming the beneficiaries of the trust.

The trust holds virtually all land in the towns of Hildale, Utah, and Colorado City, Ariz., as well as property in Bountiful, British Columbia. The communities are the traditional homes of the FLDS sect.

Wisan had given demand notices to residents of 57 dwellings in the twin towns that gave them until Tuesday to pay or make arrangements to pay a $100 a month assessment fee.

brooke@sltrib.com