This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The Utah Supreme Court has refused to hear a complaint against Wasatch County and the Town of Daniel filed by an Arizona developer who wanted to create a resort town called Aspen, Utah. The justices ruled that Dean K. Sellers failed to demonstrate that any potential harm from the failed incorporation could not be remedied in a lower court. On Nov. 15, Wasatch County denied the incorporation because it conflicted with an annexation petition filed with Daniel. Residents of Storm Haven south of Heber City along U.S. Highway 40 filed for annexation on Nov. 8, several hours before Sellers submitted his petition. Without Storm Haven, Sellers lacked the 100 residents required under Utah law for incorporation. In the lawsuit, Sellers argued that the Storm Haven annexation - now completed - was flawed, and that Wasatch County acted outside the law by denying the Aspen incorporation. Daniel Mayor Mike Duggin said Wednesday he was pleased with the outcome. "We thought all along, he had no standing." - Christopher Smart
