Tooele Associates has decided to appeal the June 3 mistrial ruling made by 3rd District Court Judge Randall Skanchy to the state Supreme Court. Skanchy found a 2009 jury verdict to be “irreconcilably inconsistent,” throwing out a $20.7 million judgment against Tooele City and ordering a new trial.
“We are, obviously, disappointed in the Court’s decision,” said Bruce Baird, a Salt Lake City-based attorney representing Tooele Associates, in a prepared statement. “We think that it was pretty clear from the jury’s verdict that we won the case based on the facts presented to them. We are filing a request for the Utah Supreme Court to consider this matter. If we have to go back to trial, we are confident that we will prevail again.”
The appeal did not surprise Tooele City officials.
“We expected this is the route they would take,” said Patrick Dunlavy, Tooele City mayor. “They get the chance of the Supreme Court ruling in their favor and avoiding the cost of another trial.”
The next step in the case depends upon whether the Supreme Court decides to hear it. If they decline, Skanchy’s decision will stand and there will likely be a new trial in 3rd District Court. If the Supreme Court hears the case, it has several options, including upholding Judge Skanchy’s decision for a new trial, agreeing with Tooele Associates and upholding the jury verdict, or possibly dismissing the entire case, according to Dunlavy.
Tooele Associates filed the lawsuit in 2002, alleging that Tooele City had violated the Overlake development agreement and intentionally slowed down progress at Overlake, effectively ending construction. The Overlake subdivision was planned to have 7,500 homes, of which 750 have been built to date.
When the jury verdict was announced in June 2009, Hall said it would allow him to complete Overlake according to the original agreement. Tooele City countered by claiming that Tooele Associates had violated the development agreement by failing to complete required infrastructure. If Tooele City eventually wins the lawsuit, the development agreement would be dissolved and the property would be developed according to current city code, according to Roger Baker, Tooele City attorney.
Tim Gillie: tgillie@tooeletranscript.com
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