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Judge denies Summit County’s request for preliminary injunction in Dakota Pacific lawsuit

PARK CITY, Utah — Summit County’s request for a preliminary injunction in its lawsuit against Dakota Pacific Real Estate (DPRE) was denied today.

The injunction would have barred DPRE from building at the Park City Tech Center without approval from Summit County, or until the lawsuit has run its course.

In an order denying the motion, Third District Court Judge Richard Mrazik wrote that the court had determined that Summit County had not shown that it will suffer “irreparable harm” unless the injunction is issued.

In the motion for a preliminary injunction filed on March 28, representatives of Summit County argued that DPRE could act on a perceived “vested zoning right” to develop the property once SB 84 takes effect on May 2.

“Summit County faces irreparable injury from the interference with its contractual rights under the Development Agreement, the potential for DPRE to claim it has a vested zoning ‘right’ once SB 84s2 takes effect, and the uncertainty regarding Summit County’s ongoing authority to issue land use decisions with respect to the Tech Center,” stated the motion.

In response to the court’s inquiry into whether or not an injunction was necessary, Richard Burbidge, an attorney representing Dakota Pacific, stated that the company has no immediate plans to proceed with physical development of its property.

“As the Court will discover, this case is not about an aggrieved local county or socalled legislative ‘cronyism,'” Burbidge said in a court filing. “It is about delay and disorganization within Summit County’s governance; the scapegoating of Dakota Pacific for the Countys lack of planning for traffic and infrastructure; and a loud faction of locals who welcome services from the working class, but are insensitive to the needs and concerns of those who serve them.”

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