Get breaking news alerts via email

Click here to manage your alerts
The Polygamy Blog
Nate Carlisle
Reporter Nate Carlisle and photographer Trent Nelson cover polygamy for The Salt Lake Tribune. You can follow the Polygamy Blog on Twitter at @tribunepolygamy. Follow Nate Carlisle on Twitter at @natecarlisle. Follow Trent Nelson on Twitter at @trenthead.

» E-mail Nate Carlisle

» Subscribe (RSS)

(Trent Nelson | The Salt Lake Tribune) FLDS member Mary Harker, right, speaks with UEP trust administrator Bruce Wisan following a 2009 court hearing.
FLDS lawsuit against Utah dismissed by federal judge

Left with no other options, a federal judge has dismissed an FLDS lawsuit that would have wrested control of land away from the state.

Bruce Wisan — the fiduciary appointed to the state to oversee the trust and a defendant in the lawsuit — called U.S. District Court Judge Dee Benson’s decision "expected." The decision may also eventually clear the way for Wisan to sell UEP property, though he is currently under orders by a different judge to not sell anything. Selling property is necessary to pay debts incurred by the UEP, including $5.6 million owed to Wisan.

Join the Discussion
Post a Comment

In his ruling issued Thursday, Benson dismissed a lawsuit against the state of Utah and various officials. Benson’s ruling is a response to a Nov. 5 ruling in the 10th U.S. Circuit Court of Appeals in Denver.

That ruling — which also sided with an earlier Utah Supreme Court decision — determined the Fundamentalist Church of Jesus Christ of Latter-day Saints had waited too long to challenge the state’s 2005 take over of the United Effort Plan, a trust that owns most of the church’s property.

Benson’s dismissal means that the FLDS lawsuit has finally been defeated. However, it previously was the source of significant conflict; the FLDS initially ignored the state’s effort to take over the trust, then filed the suit in 2008. The Utah Supreme Court threw the suit out in 2010, but the FLDS responded by going to federal court where Benson ruled in the church’s favor.

The 10th Circut Court eventually settled the conflict by stating that Benson shouldn’t even have considered the case because it already had been dismissed.

In other words, the long and short of that convoluted tale is that finally all the various courts are on the same page: they either agree that they aren’t considering the case, or that the FLDS waited to long to fight the state.


Twitter: jimmycdii

Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Top Reader Comments Read All Comments Post a Comment
Click here to read all comments   Click here to post a comment

About Reader Comments

Reader comments on sltrib.com are the opinions of the writer, not The Salt Lake Tribune. We will delete comments containing obscenities, personal attacks and inappropriate or offensive remarks. Flagrant or repeat violators will be banned. If you see an objectionable comment, please alert us by clicking the arrow on the upper right side of the comment and selecting "Flag comment as inappropriate". If you've recently registered with Disqus or aren't seeing your comments immediately, you may need to verify your email address. To do so, visit disqus.com/account.
See more about comments here.
  • Search Obituaries
  • Place an Obituary

  • Search Cars
  • Search Homes
  • Search Jobs
  • Search Marketplace
  • Search Legal Notices

  • Other Services
  • Advertise With Us
  • Subscribe to the Newspaper
  • Access your e-Edition
  • Frequently Asked Questions
  • Contact a newsroom staff member
  • Access the Trib Archives
  • Privacy Policy
  • Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.