The Tooele County Commission has hired an attorney with expertise in gravel pits because it suspects a lawsuit may be headed its way.
The commission voted unanimously to ratify an engagement letter with Jody Burnett of the Salt Lake City-based law firm of Snow, Christensen & Martineau.
Tooele County Attorney Scott Broadhead signed the engagement letter on Aug. 11, 2017.
“A few weeks ago, I advised the commission it would be a good idea to hire outside legal counsel to prepare for potential litigation regarding the South Rim or South Side gravel pit,” said Broadhead.
According to Broadhead, the county commission directed him to contact Burnett, who has worked with the county’s insurance company.
Burnett’s area of expertise is representing local government entities in land use, with particular expertise in gravel extraction, according to Broadhead.
Burnett’s time will be billed at $285 per hour. The letter of engagement also includes the services of two additional attorneys associated with Snow, Clyde & Martineau: Robert Keller at $265 per hour and Timothy Bywater at $210 per hour.
“We have agreed that our engagement is limited to performance of services related to such consultation and any specific lawsuits as may be requested by you and the County from time to time,” wrote Burnett in the engagement letter to Broadhead.
The county has also asked Burnett to expand her firm’s services beyond the potential lawsuit regarding the South Side gravel pit, according to Broadhead.
“Their role has expanded,” he said. “They have been asked to look at the potential litigation, but also to help the county modify ordinances and properly regulate gravel extraction throughout the county.”
Retaining the services of outside attorneys with expertise in a special field is not unusual, Broadhead said.
“This is a normal course of action for the county,” he said.
The county commission voted on July 18 to honor a 2001 development agreement with L&B Development Company Inc. for the Benches at South Rim Project. The agreement states that the gravel pit near South Rim is to be closed when the Benches at South Rim Project is completed.
However, after the July 18 meeting, county commission chairman Wade Bitner qualified the commission’s position on the gravel pit.
“There are private property rights involved here that we have to respect,” Bitner said. “After consulting with our attorneys, it is up to the owner of the development agreement to decide when the project is completed.”
Claiming not to have heard any official word from the county since the July 18 meeting, Jay Harwood, managing partner for South Side Gravel, LLC, the owner of the pit, started moving dirt at the gravel pit site.
“We’re cleaning up debris and building a berm in compliance with our operating plan for the gravel pit that we previously filed with the county,” Harwood said.
According to Harwood, the partners at L&B Development, who sold the gravel pit property to him, told him the South Rim project won’t be completed until the last house in South Rim is built.
Even after the development is considered complete, Harwood said the 2001 development agreement might not withstand a challenge in court.
Having already sent complaints to the county recorder and county commission about Harwood’s work on the gravel pit that they feel should be closed, some South Rim residents are now sending complaints to the Tooele County Health Department.
“Tooele County is losing the opportunity to prove that they will uphold their own laws and agreements,” said South Rim resident Josh Maher. “Is this the Wild West or are the ordinances, laws and agreements that protect families in Tooele County going to be upheld?”
Citing counsel from the county’s attorneys, Bitner declined to elaborate on the status of the commission’s action on the gravel pit.