Ruling from the bench on a motion for summary judgment, Cassell told attorneys representing Anderson Development, Nadine Gillmor, Blaine Bitner, Duane Pace and Bob Irvine that they had produced no evidence in their 143-page lawsuit that Summit County's zoning ordinances were outside the law.

"I don't know that we have any criminal activity here," Cassell said. "I have a presumption that government acts in legal ways. And there is no finding of anything done illegally."

In October, Salt Lake City-based attorneys Bruce Baird and Michael Hutchings filed the action in U.S. District Court for Utah on behalf of those clients under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. It alleges Summit County planners, Planning Commission and County Commission were engaged in an extortion scheme that sought land and money in exchange for development approvals.

Arguing before Cassell Tuesday, plaintiff's attorney Alain Balmanno compared Summit County to the corruption of New York City's infamous Tammany Hall at the turn of the 1860s.

"They are shaking down the people who can pay in a way that violates the RICO statute," he contended. "They call it 'incentive zoning.' But our clients know it's extortion. Our clients refused to pay."

Balmanno pointed to instances where landowners were advised to donate open space, trails and even cash in order for development plans to be approved.

But Cassell ruled Summit County's development approval process must be shown to be outside the law in state court before a RICO action could be decided.

"I think we've got the cart before the horse," he said.

In fact, Baird and Hutchings have nine cases pending in Park City's 3rd District Court challenging the validity of Summit County's zoning laws. In addition, they have a case pending in federal court alleging that Summit County is in violation of the Fair Housing Act.

After the ruling, an attorney representing Summit County said Baird and Hutchings were "attempting to supplant the political process with a judicial one."

"The defendants in this case are simply implementing policies they were elected to implement by the people of Summit County," said George A. Hunt, a Salt Lake City-based attorney.

Baird remained upbeat and said his clients likely would appeal the ruling.

csmart@sltrib.com