Southern Utah News Articles
Top Stories for November 2, 2011
Taxpayer Association lawsuit against Kanab City dismissed
The Sixth District Court has granted Kanab City’s motion to dismiss the Taxpayer Association of Kane County’s lawsuit against Kanab City regarding the general plan amendment and zone change for the property for the proposed Viresco Energy project.
Kanab City had requested a summary judgment for the case, which the Court granted, finding “there is no genuine issue as to any material fact…” Furthermore, the Court stated “[The Taxpayer Association] has simply failed to convince the Court…that it did not know and through the exercise of ordinary due diligence, could not reasonable have discovered the facts [in time to take action]”
Notably, the Court also found that the Taxpayer Association provided “no evidence to support its assertion” that Kanab insufficiently noticed the meetings regarding the general plan and zone change. In finding that Kanab City met its legal requirements, the Court found that “to require more would be very cumbersome, costly, and time consuming for local governments.”
Finally, the Court found the Taxpayer Association “simply was not vigilant enough when it came to monitoring the land use decisions in this case. There is simply nothing exceptional about the circumstances of this case.”