Photo: TownLift // Rayne Moynahan

5 HOAs called the Park City Council's decision approve Snow Park right-of-way vacation 'arbitrary, capricious and illegal'

PARK CITY, Utah — Five homeowner’s associations in the Deer Valley area have filed a complaint against Park City Municipal, asking the court to review and reverse the Park City Council’s decision to vacate public right-of-way on a section of Deer Valley Drive.

The HOAs are petitioning the court under Utah Code section 10-9 a-801 to review and reverse the decision of the City Council to adopt Ordinance No. 2023-56, which vacated a previously public portion of Deer Valley Drive to Deer Valley.

The American Flag, Pinnacle and Morning Star homeowners associations initially filed the complaint in Third District Court on Jan. 12. An amended petition filed Feb. 21 also added The Oaks and Hidden Meadows homeowners associations as petitioners.

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“The Council’s decision to approve the Application and adopt the Ordinance is arbitrary and capricious because it is not supported by substantial evidence in the record,” the complaint states.

Alongside Mayor Nann Worel, Park City Council members Ryan Dickey and Max Doilney represented Park City in negotiations with Deer Valley for the right-of-way vacation.

Before the the unanimous vote to approve the public-private partnership between Deer Valley Resort and Park City on Dec. 14, the petitioners argued that Dickey and Doilney should abstain from voting, alleging that they could not be impartial because of their roles in the negotiation process.

“Council members Dickey and Doilney’s participation in the vote on the ROW Vacation violated fundamental due process mandates, rendering the vote and the resulting Ordinance illegal,” the complaint states.

Of the claims that the petitioners made about Dickey and Doilney in the suit, Clayton Scrivner, communications manager for Park City Municipal said, “The lawsuit’s characterization of their role is inaccurate.”

Doilney’s term on the Park City Council ended at the beginning of this year, and Dickey was re-elected to serve a second term.

Park City Municipal has yet to respond to the complaint in court.

“The City Council and Planning Commission worked for over two years to ensure that the process and determinations were in the best interest of Park City and met all applicable legal standards,” Scrivner said.

Despite receiving approval from the Park City Council, the Snow Park Village project will be revisited by the Park City Planning Commission for further review and consideration.

“We have a lot more work to do with the community as we now proceed through the Planning Commission process,” said Christine Spinkston, senior communications manager for Deer Valley Resort. “We are committed to continuing our work with the community through open houses and individual meetings to ensure that the final plan recognizes and balances our neighbors’ concerns and explores collaborative solutions that enhance the Deer Valley experience, are sustainable, and support the needs of the community. “