"The law is what the law is," said a disappointed Rich Sprung, who represents Hideout developer, Mustang Development. "We don't have to agree with it, but we do have to follow it."

But Council Chairman Steve Farrell, who voted to reject, said the law is unclear. And, in an apparent reference to Utah House Speaker Greg Curtis, he expressed his belief that the county was being "blackmailed."

Curtis earlier last month had summoned Wasatch County Attorney Thomas Low to the Capitol, admonishing him to not let the county drag its feet on the Hideout proposal in the hope that pending legislation would supersede the present statute.

Wednesday's Hideout debate, which ended in a 4-3 vote to deny, centered on whether the Todd Hollow Apartments could "opt out" under the law governing incorporations of towns with populations of 100 to 1,000. Without Todd Hollow, Hideout would not meet that standard.

Salt Lake City-based attorney Craig Smith told the council that the law disallowed Todd Hollow from withdrawing. To be excluded, he argued, an entity must be nonurban and not require municipal services.

"Clearly this is an urban development," he said referring to the complex of 184 units with 770 residents.

But Farrell did not agree. He said the law is unclear about whether that language applies to fourth-class counties such as Wasatch.

Said Sprung, after the vote: "What happened is, they ignored the law."

csmart@sltrib.com

In other business Wednesday

The council put off acting on the incorporation petition for the proposed town of Independence. It voted to ask a state committee for a new population estimate to determine how many residents live within boundaries surrounding 10,000 acres south of Heber City. The council once again could consider the petition on Wednesday.