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Letter: Morgan County circumventing constitutional rights

Nov 30, 2023

A Morgan County mountain range designated for mountain preservation is being torn up by the construction of the Wasatch Peaks Ranch (WPR) private ski and golf resort, village, and secondary home community. The golf resort, ski resort, roads, infrastructure, and even homes are being built, all without zoning approvals. This is because the enabling RSD zoning ordinance has been challenged by referendum, thus precluding the zoning ordinance from becoming effective. Morgan County has not just turned its back on this illegal activity but has participated purposefully and willingly in the illegal destruction of the mountain by accepting, reviewing, and issuing approvals for the construction of the resort.

Morgan County has justified its actions under the lie and deception that there is No Referendum. After all, it rejected the referendum application. However, the constitution is clear that the challenged ordinance does not take effect until presented to the voters, and state statute is clear that a rejection of the Application only terminates a referendum if a timely appeal is not filed. Since there was a timely appeal, the referendum is active, and the ordinance is stayed by the constitution. Yet, Morgan County has acted with willful intent to circumvent the people’s fundamental constitutional right of referendum. Morgan County, in concert with WPR, has pushed through approvals, and WPR has proceeded with the construction, in an effort to use the litigation delays to build its resort and render the referendum moot before it can be presented at the ballot box. All done in violation of the law and the people’s constitutional rights.

The community should be concerned about the county’s violation of the people’s rights regardless of their position on WPR. Yet, some who support the WPR project take offense to the sponsors’ legal efforts to protect the voting rights, civil rights, and constitutional rights of the citizens of Morgan County, along with our democratic principles and system of checks and balances. No doubt, when the government’s position on an issue falters from their own, our constitutional rights and democratic principles will once again be of importance to them.

Robert Bohman



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