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The developer of a Saratoga Springs subdivision gave contentious testimony on Tuesday about whether he had disclosed that there was no water available at his lots, which meant buyers could not get building permits and a number of them lapsed into foreclosure as a result.
Richard Wolper, the developer of the Fox Hollow subdivision, testified at the trial of Kimberly Bowen, a real estate agent who is charged with five counts of communications fraud, allegedly for failing to disclose to buyers that lots she was selling didn't have water to them and couldn't be built on until it was available.
Wolper, a witness for the Utah attorney general's office, which is prosecuting the case, claimed that he had disclosed to Bowen, others she was working with and buyers he personally sold to that the water facilities for a couple of neighborhoods had not been completed.
Bowen contends that he never provided that information and she believed the lots were ready for building permits after the city allowed Wolper to record a plat, meaning the lots could be sold to buyers. Saratoga Springs officials also admitted in city documents that policies and a contract with Wolper were violated when the City Council allowed the neighborhood to be platted.
Wolper, who is named in a lawsuit over the sale of one of the lots, claimed he met the legal requirements for disclosing any defects in the property even when he was shown sales documents with his signature that the defense pointed out did not contain such language. He claimed they met the legal standards.
Wolper was combative at times under cross examination by defense attorney Chris Bown and 3rd District Judge Randall Skanchy admonished him several times to answer questions and not add commentary.
At one point, Skanchy threatened Wolper with contempt after he attacked Bown's questioning. An exasperated judge asked lead prosecutor Denise Dalton whether she needed some time with her witness so "I don't have to issue orders of contempt."
At another point, the judge told Wolper to consult attorneys so he could answer yes or no to questions and promptly called a recess.
Bowen was a real estate agent who sold lots that Wolper was developing on the west side of Utah Lake. She also faces charges for allegedly failing to disclose she was a part owner of the company that was selling lots it was buying from Wolper.
Wolper claimed that he had disclosed to Bowen and others working with her that there was no water at the lots because a booster station had not been completed; it was needed to pump water up to a storage tank. Without water, Saratoga Springs refused to grant building permits.
"They all knew they were weren't ready yet," said Wolper. "It was talked about many times."
The trial is scheduled to continue through this week.