North Ogden amphitheater lawsuit focus of Feb. 28 court hearing

Sunday , February 25, 2018 - 5:00 AM1 comment

OGDEN — A hearing on the request for a temporary court injunction, ordering a halt to construction of the Barker Park amphitheater in North Ogden, is set for Wednesday in 2nd District Court in Ogden.

It’s the next step in the lawsuit filed Feb. 20 by neighbors opposed to the amphitheater expansion project, worried about noise and other disruptions brought on by the facility.

RELATED: North Ogden residents file suit to halt Barker Park amphitheater construction

Matthew Ball, the Salt Lake City attorney representing the foes, three married couples, said the hearing will be before Judge Noel Hyde starting at 2 p.m. At issue is his clients’ request for a temporary halt to construction of the amphitheater while the broader issues of their lawsuit are sorted.

The judge could rule at the end of the hearing, Ball said, or potentially take it under advisement.

Aside from being concerned about noise and traffic generated by an expanded amphitheater, the neighbors suing the city argue that the facility doesn’t comply with terms set out in a covenant deed governing the property. Ray and Fern Barker sold the land where Barker Park now sits to the city in 2000 and the deed says the property is to be maintained as “a traditional type city park.”

Plans to upgrade the small, uncovered amphitheater at Barker Park — several slabs atop a concrete stage — had been in the works since at least 2015. The city council signed off on the $4.3 million upgrade proposal last year and work started last November on the first phase of the improvement.

Then in January, critics stepped forward as the scope of the project became apparent to them, voicing concern and forming a group called No Amph. It’s become a flashpoint of controversy in North Ogden.

Contact reporter Tim Vandenack at, follow him on Twitter at @timvandenack or like him on Facebook at

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