Kane County commissioners vote to back lawsuit against preliminary municipality law

The Kane County Commission voted 3-0 on Oct. 13 to file an amicus, or friend-of-the-court, brief in Case No. 26070008, which challenges the constitutionality of Utah's preliminary municipality law. Commissioner Gwen Brown, the chair, made the motion. ^[1]

Attorney Jeff Stott told the commission the case is a lawsuit between some local citizens near Moab and the developer and the lieutenant governor's office. He said it challenges the law under the state constitution's ripper clause. Because the plaintiffs are local citizens, he said, a county filing a brief explaining why the issue matters to counties could add weight. ^[1]

The description in the minutes matches a suit KPCW reported in February. Moab-area nonprofits Kane Creek Development Watch and Living Rivers sued in 7th District Court, naming the Echo Canyon development, its developer Craig Weston and the Lieutenant Governor's Office. The suit targets the 2024 law that enabled preliminary municipalities, which have appointed rather than elected boards. It argues the law is a private or special law and conflicts with the ripper clause. ^[2]

The commission awarded its bid for county remodel projects to Maxwell Construction on a 2-1 vote, with Commissioner Brown voting no. Staff had opened six bids on the previous Friday, ranging from $800,000 to $1.1 million for the combined assessor's office and upstairs administrative center remodels, and the selection committee chose bid No. 3. Brown said the bids came in higher than anticipated and it would be best to do only the assessor's office now. The motion has staff work on value engineering and decide which portions to proceed with. ^[1]

The commission voted 3-0 to accept a $200,000 rural county grant from the Governor's Office of Economic Development. Kelly Stowell told the commission the money supports multi-year programs in business training, workforce development, economic planning, infrastructure, small business incentives, child care and technical services. ^[1]

Commissioners approved the county's 2027 insurance renewal 3-0. The minutes say medical coverage carries a locked-in 7.2 percent rate increase, about $218,000 more, following the transition to PEHP. The dental plan needs a 15 percent funding increase, equal to $31,396, and life, accidental death and disability coverage stay unchanged. ^[1]

Commissioners voted 3-0 to accept a memorandum of understanding with the Bureau of Land Management designating Kane County a cooperating agency for the Grand Staircase-Escalante National Monument resource management plan and environmental impact statement. Commissioner Celeste Meyeres said the status gives the county a little standing and an early look at plans. ^[1]

Clerk Chameill Lamb reported 349 property tax abatements processed countywide, including veteran and county abatements and circuit breakers. The abated value is $44,889,796, equal to $359,608.75 in tax, of which $71,328.05 is eligible for state reimbursement through the circuit breaker program. The commission approved them 3-0. ^[1]

The commission also approved, 3-0, an agreement with the Utah Department of Transportation on the double vault restroom at the Sand Caves parking lot. The minutes say the amended agreement removes UDOT's financial and maintenance responsibility for the toilet, which sits in its right-of-way. It appointed Rocel Bettencourt to the Planning Commission. ^[1]