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The Traverse Ridge Special Service District has filed a lawsuit in 3rd District Court asking a judge to decide whether Draper City or the district is responsible for funding road reconstruction in the foothills community.

This dispute needs to be resolved sooner than later, according to residents, because the roads were of an inferior quality when built and have never been properly maintained.

"Deer Ridge Drive is just failing, it is crumbling apart. That needs to be done as soon as possible, said Amy Baird, chairwoman of the district board. "It will cost $3 million to do that road."

Another main road, Suncrest Drive, is being rebuilt with the help of state money, Baird said. But there is fear that the city could come back to the district if there are cost overruns or other problems.

"We don't own the roads. They're not private roads, they're city roads."

District leaders go on to say that their hands are tied in the matter because they may legally only use property taxes collected by the district for services specifically authorized when the taxing jurisdiction was created in 1999, and road construction is not among those services.

Attempts to work out an agreement with Mayor Troy Walker have been unsuccessful, Baird said, adding that "he wouldn't back down from saying road maintenance means road construction."

When those talks led to a dead end, the district leaders asked the city to take the dispute to mediation. "They said 'no way, we're not doing that.' So we just called their bluff and filed the lawsuit."

The city agrees that, because of the district's higher elevation and exposure to the elements, there has been "more decay" in these roads than in other areas of Draper, but as the city interprets the agreement, financial responsibility for needed work lies with the district, said Draper spokeswoman Maridene Alexander.

Beyond that, "we don't comment" on litigation, she said.

The district, in a news release, said it filed the lawsuit to get resolve this "impasse" by requesting a declaratory judgment.

"The plaintiffs believe that a district court judge, as a neutral party with a thorough understanding of the law, will be in the best position to decide the issue, and that a just and speedy resolution will benefit all of the citizens of Draper City."

The case has been assigned to 3rd District Judge Paige Petersen.