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Landowner demands ouster of officials
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Frustrated by her inability to develop her land, Nadine Gillmor isn't just suing the Summit County commissioners - she's demanding they be booted from office.

Alleging malfeasance, her latest legal volley ramps up the emotionally charged turf wars in the burgeoning Snyderville Basin.

Gillmor, who wants to develop 300 acres northeast of Park City, filed the "action for removal" in Summit County's 3rd District Court through Salt Lake City-based attorneys Bruce Baird and Michael Hutchings.

As outlined by law, the document has been forwarded to the Utah Attorney General's Office for consideration. If the allegations are deemed substantive, they would spur a criminal investigation.

"We will first determine whether these are criminal allegations or whether this is a civil matter," attorney general's spokesman Paul Murphy said this week.

Summit County officials called Gillmor's suit "frivolous" and said it is just another attempt by Baird and Hutchings to use the courts as a weapon against zoning regulations, according to a news release.

"It is unfortunate that our legal system can be used in such a manner with the intent of intimidating public officials."

Among other things, Gillmor alleges that Commissioners Ken Woolstenhulme, Bob Richer and Sally Elliott collected school-impact fees from landowners and developers in violation of statutes. The suit also claims the county failed to adopt a moderate-income housing plan as mandated by Utah law. And, further, that county officials received federal block grants by falsely certifying that the county had implemented such a housing plan.

In addition, Gillmor's action asserts that deputy county attorneys Dave Thomas and Jami Brakin be removed along with planners Dave Allen and Michael Barille.

"Bless her heart," said Elliott of Gillmor's latest filing. "I'm sure she'd like to get rid of us and the [development] code. Then she could do whatever she wants."

Utah's attorney general will know what to do with the allegations, Elliott said.

"I don't think this will go anywhere but in the attorney general's round file," she said. "It's nonsense. I'm not much troubled by it."

Gillmor earlier had sued Summit County for disallowing her plan to build 300 houses on her acreage between Old Ranch Road and U.S. 40.

Hutchings has sued Summit County and other government bodies on behalf of Sandy-based Anderson Development and Baird has sued Summit County on several development issues.

Summit County officials "are engaged in a pattern of activity that includes extortion," Baird said this week.

In May, Baird and Hutchings sued Summit County in federal court on behalf of the National Association for the Advancement of Colored People, the Disabled Rights Committee and the Utah Coalition for La Raza, alleging the county's lack of affordable housing violates the 1968 Fair Housing Act.

In their news release, county officials re-asserted that the county was, for the most part, in compliance with state laws regarding moderate-income housing. "The county has an affordable-housing plan which complied with the substance of the state statute, if not the form."

csmart@sltrib.com

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