Councilman Mike Kohler introduced a motion to deny it, despite its apparent legality, because residents of the new town would not get to elect the mayor or city council.

After the closed-door meeting with County Attorney Thomas Low, Kohler withdrew the motion and made a new one in favor of incorporation.

Petitioner Mel McQuarrie succeeded under a now-defunct Utah law that allows a single person to incorporate if the petitioner owns 50 percent of the land and the boundaries include at least 100 residents. A mayor and city council are appointed by the county from a list provided by the petitioners.

They then set zoning and planning policies.

McQuarrie's first petition to create a city called Independence on 9,200 acres southeast of Heber City was denied when a significant number of residents opted out, leaving the proposal with fewer than 100 residents. But he re-petitioned for incorporation before the state Legislature overhauled the law. He apparently also changed the minds of some who earlier withdrew.

The law passed in February requires that at least 50 percent of residents support an incorporation petition, that no single entity can own more than 40 percent of the land, and a mayor and city council are elected.

Joseph Fidiecia, whose house lies within the Independence boundary, told the council he didn't want to be part of the new town.

"I feel like a catfish on a line getting hauled in," he said. "I haven't had a say. If the man wants to develop his land, let him do it under the new law."

Kurt Hoffman, whose family has owned land that is now within Independence for five generations, said the incorporation gave him "heartburn." "I want out," he told the council. "But we don't matter. We're being treated like peasants."

But an attorney representing McQuarrie, Jodi Hoffman, told the council that the petition met the letter of the law and they had no choice but to approve it.

After the 5-2 vote, McQuarrie said his intention was not to create a resort town like the failed proposal called Aspen, Utah.

"We want a well-balanced town. We envision something like Heber City," he said. "We feel we can plan the infrastructure so we have a well-planned community rather than a hodge-podge under county rule."

csmart@sltrib.com