Residents sue North Ogden over construction of a large amphitheater at a city park — allegedly against the wishes of the park’s former owner

Three couples are suing North Ogden over the construction of a multimillion-dollar commercial performing-arts complex at the park across the street from their homes, arguing the venue breaches the original landowner’s terms of sale.

When Ray and Fern Barker sold their property to North Ogden in 2000, city officials agreed to the stipulation that the land must become a public park, specifically a “traditional type city park” that is open to the public, according to court documents filed Tuesday in Utah’s 2nd District Court.

The couples who are suing — Aaron and Kim Christensen, Sean and Stefanie Casey and Steven and Corrie Beverly — argue the amphitheater would “dramatically and fundamentally alter the nature and character of the park” because fences around the amphitheater effectively make the land private, according to the lawsuit.

They also say the proposed 79,300-square-foot complex would cause light and sound pollution and bring too many people and cars into the subdivision near 2400 Fruitland Drive.

North Ogden City Attorney Jon Call told The Salt Lake Tribune by email that the city doesn’t have a response to the allegations and typically doesn’t comment on active lawsuits.

Aaron Christensen told The Tribune he never wanted to sue the city (he thinks anyone who wants to be in a lawsuit is “crazy”), but after meeting with city officials multiple times, he felt it was his only option.

“The city had made it very clear that the only way that they would address it would be having a judge review it,” he said.

Christensen owns one of the few homes in the subdivision that line the park, as designated in the city’s original contract with the landowner.

A small amphitheater already sits in the middle of the park, and Christensen said shows there have rattled the windows in his home. He fears a bigger, commercial venue would cause him more problems.

According to the city, the current amphitheater is too small and lacks amenities like a concession stand, dressing rooms and a roof, which officials said would draw and accommodate larger crowds and more performances.

The city’s vision for the park, according to the lawsuit, includes permanent seating for about 500 people, a 3,500-square-foot stage, a scenery construction shop, a ticket office and a fence around the complex.

The couples are suing for an injunction to stop the complex’s construction and return the park to its original condition.