DM 020418 Barker Park Amphitheater 01-1

The Barker Park Amphitheater in North Ogden, photographed as work continues on Feb. 4, 2018. Foes have filed a suit to halt the project.

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 tvandenack@standard.net, follow him on Twitter at @timvandenack or like him on Facebook at Facebook.com/timvandenackreporter.

(1) comment

danuman

"Largest Amphitheater in Utah next to USANA" - from No Amph's website.  Wow. Comparing square footage of the surrounding area is a poor means of saying one amphitheater is 'bigger' than another.  Seating capacity and planned standing room is a much better and accurate means to show the expected capacity.  The other amphitheaters in Utah hover around 2000-2300 in permanent seating and as high as 7000 or more in standing room and grass seating.  North Ogden's will likely top out around 4500-5000.North Ogden, being close to two other established amphitheaters in Ogden and Layton, and within an hour of USANA (which draws the top-level outdoor concerts), will not be hosting top-billed concerts that draw tens of thousands of people.  More likely it will have outdoor Shakespeare and musicals, on a local or regional scale, as well as local bands and troupes, and the price points will be reflective of the local area - $50-75 tickets won't be the case in this area.And 108db noise pollution is an exaggeration - with the topography of the area, much of the sound will be contained within the park, not to mention sound walls (if installed) that would retain even more of it.The time to oppose this was in 2015, 2016, and 2017 (before construction began).  It's 2018 and the foundation is being poured and contracts are in place.  By suing the city to stop this, No Amph is suing all of the residents of North Ogden, in effect - as taxpayer money will be used for court proceedings and such.  I hope the judge gives No Amph their comeuppance and dismisses this out of hand.

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