Janet M.

Conway (#7488)
pfunkesq@gmail.com
29706 Old Lincoln Highway
Wanship, Utah 84017
(435) 659-4122

Attorney for Petitioners

IN THE THIRD DISTRICT COURT

TOOELE COUNTY, STATE OF UTAH
Ryan Sorensen, an individual; Kalem Sessions, an
individual; and Denise Moody-Martin, an individual,
Joshua Kael Martin, an individual, and Jess Bird, an Petition for Extraordinary
individual, Relief and Declaratory
Judgment
Petitioners,

vs. (Tier 2)

Jerry Houghton, in his official capacity as Tooele

County Surveyor, Case No.
Respondent. Judge Dianna Gibson

Petitioners, Ryan Sorensen (“Sorensen”), Kalem Sessions (“Sessions”), and Denise

Moody-Martin, (collectively “Sponsors”), Joshua Kael Martin (“Martin”), council-elect of the

City of Erda, and Jess Bird (“Bird”), chair/mayor elect of the City of Erda, by and through their

undersigned counsel, pursuant to Utah Code § 78B-6-401, Utah Constitution, article I, section 7

and article VI, section 1, and Rule 65B of the Utah Rules of Civil Procedure, allege, petition and

complain against Jerry Houghton, in his official capacity as Tooele County Surveyor, as follows:

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 INTRODUCTION

1. Tooele County, Utah has experienced rapid growth and is prime real estate

territory for developers, given its reasonable commute to Salt Lake City, Utah, among other

things.

2. Erda, Utah is a rural, agricultural area in Tooele County, located to the north of

Tooele City and to the east of Grantsville City.

3. Over the past decade, Erda residents have expressed concern with Tooele County

about approving developments that would turn their neighborhood into a higher density

residential area, resulting in the loss of their agriculture and livestock property rights.

4. Over the past decade, Erda residents have expended considerable time and effort

battling developers and Tooele County’s efforts to approve developers’ applications for rezoning

and/or PUD applications that would increase density on rural residential and agricultural zoned

properties.

5. Erda residents routinely challenge Tooele County planning and county

commission against development projects on rural or agricultural zoned property. They file

written protests, appear at planning commission and county commission/council meetings and

hearings, appeal administrative approval decisions, challenge legislative approval decisions

through referendum petitions, and pursue legal action, when necessary to prevent irreparable

harm to the rural community of Erda.

6. Since 2015, Erda residents have also actively worked to incorporate Erda, as the

community’s values and visions for present and future land use is contrary to that of Tooele

County.

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 7. The City of Erda is set to receive its certificate of incorporation next week, but is

being stopped by the dereliction of duties by one single Tooele County official.

8. This case centers on Jerry Houghton, in his official capacity as Tooele County

Surveyor, failure to fulfill his statutory duties, in unlawfully refusing to approve Erda’s final plat

map, while there is a looming deadline to submit approved map to the Lt. Governor’s Office to

complete years-long incorporation effort.

PARTIES

9. Petitioners, Ryan Sorensen, Kalem Sessions, and Denise Moody-Martin, are land-

owners in Erda, Tooele County, Utah, registered voters, and the sponsors of the ballot

proposition to for the municipal incorporation of the City of Erda, and are substantially affected

by Houghton’s dereliction of duties.

10. Petitioner, Joshua Kael Martin, is a resident of Erda, Tooele County, Utah, a

registered voter, and a newly elected council member of the City of Erda.

11. Petitioner, Jess Bird, is a land-owner in Erda, Tooele County, Utah, a registered

voter, and the newly elected chair/mayor of the City of Erda.

12. In addition to Petitioners, Erda Community Association, Inc., and all Erda

residents who voted in favor of incorporating the City of Erda have interests that might be

substantially affected.

13. Jerry Houghton, is the Tooele County Surveyor, an elected official charged with

the statutory duty of approving the City of Erda’s final plat map to complete incorporation final

step to obtain certificate of incorporation.

STATEMENT OF FACTS

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 14. In 2018, Utah Code 10-2a-202 (Effective 5/12/2015, Superseded 5/14/2019)

required sponsors to provide an accurate map or plat, prepared by a licensed surveyor, showing

the boundaries of the proposed city, together with a request for feasibility study to initiate

incorporation process.

15. Doug Kinsman, Ensign Engineering, licensed surveyor, prepared the Final Local

Entity Plat for Erda, with Erda’s boundary description, to accompany Sponsors request for

feasibility study. Kinsman worked with Tooele County GIS Administrator and Kyle Mathews

(who assisted Sponsors with incorporation tasks) to prepare the initial map to submit to the Lt.

Governor’s Office, which was done end of 2018.

16. At the time Erda’s final local plat was prepared for the feasibility study request, a

neighboring community Stansbury Park had a pending petition to incorporate with split parcels

when Erda sponsors prepared first map. Tooele County required incorporation sponsors to draw

boundary line to abut Stansbury Park boundaries, splitting parcels.

17. Due to Grantsville annexing a parcel of land after original final plat was prepared

by Kinsman, Erda sponsors were required to amend their boundary description, which Kinsman

completed in January, 2019.

18. On January 24, 2019, Mathews sent Bret Beede, Tooele County GIS

Administrator, the description of the proposed Erda boundaries prepared by Kinsman, and

requested a map to go with the legal description.

19. On January 29, 2019, Beede advised Mathews via email that he will have the

cadastral mappers draw the boundary and generate a new map. On February 4, 2019, Beede

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emailed Mathews a map of Erda final plat, including delineating municipal and service district

boundaries.

20. After sponsors submitted request for feasibility study, pursuant to Utah Code 10-

2a-204 (2018), the Lt. Governor’s Office worked directly with Tooele County officials to review

the submitted map and correct any issues.

21. The results of Erda’s successful feasibility study were presented by the Lt.

Governor’s Office to Erda voters in public hearings in March, 2020.

22. After public hearings on feasibility study were completed, Utah Code 10-2a-208

(2018) required Erda Sponsors to submit petition for incorporation which must be accompanied

by and circulated with an accurate final plat, prepared by a licensed surveyor, describing the

boundaries of the proposed city, as described in the feasibility study request.

23. In April, 2020, between feasibility study and submitting petitions, Sponsors

became aware of substantial changes to the incorporation code and Sessions asked Lt.

Governor’s Office how to proceed, who made clear that because request was filed in 2018, the

2018 incorporation code will govern the entire incorporation process.

24. Kinsman prepared a modified final plat, based on 2018 code, due solely to

changing the title from Township of Erda to City of Erda based on population estimate, to submit

with petition to place incorporation measure on the ballot (submitted June 2, 2020).

25. At this time, Utah Code 10-2a-209 (2018) required the Lt. Governor’s Office to

again review the petition (with boundaries) with Tooele County officials before certifying

petition and final boundaries to be placed onto the ballot.

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 26. The Lt. Governor’s Office certified Erda’s incorporation measure for the ballot on

July 17, 2020.

27. While the measure was pending on the ballot, in August, 2020, Grantsville

annexed two parcels out of Erda’s boundaries. One is known as the “North Annexation,” which

has been heavily litigated. See Erda Community Association, et al, v. Grantsville, Utah Third

District Court, Case No. 200301207, still pending before this Court.

28. In November, 2020, voters passed incorporation measure. Utah Code required

Sponsors to work with Tooele County to prepare a map with districts, which they completed in

December, 2020.

29. Erda sponsors aggressively pursued summary judgment in the North Annexation

case throughout 2021 and were hopeful to get a final decision to regain the North Annexation

parcel prior to having to cause a licensed surveyor to prepare the final map, especially when the

final map cannot be submitted until after the newly elected officials take office, hold a meeting to

formally elect chair-mayor, and approve the map.

30. As November, 2021 fast approached, it was clear that the court would not rule on

the north annexation pending motion for summary judgment before the deadline, so Sessions

attempted to engage Kinsman to create final map with both annexed parcels removed from the

approved map that was voted upon in the November, 2020 election.

31. When it became clear that Kinsman was not going to work with Sessions to

timely complete final map (which Sponsors later discovered was because Kinsman was

otherwise occupied preparing an annexation map to annex 9,000 acres of Erda land into

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Grantsville for Craig Smith), Sessions started contacting numerous engineers to get the final map

completed.

32. On November 2, 2021, Erda voters elected Jess Bird, Joshua Kael Martin, Terry

Miner, Scott Droubay, and Craig Smith1 to the Erda City Council.

33. Elected officials took office afternoon of Monday, November 22. Erda City’s first

public meeting was held on Wednesday evening, November 24 (right before Thanksgiving

weekend), and Jess Bird was elected chair/mayor that evening. Bird and Martin were also

assigned to complete incorporation steps.

34. Utah Code 10-2a-217 (2018) requires Bird to submit notice of impending

boundary action, a letter obtained from the State Retirement Board, and a final entity map,

prepared by a licensed surveyor, and approved by Bird and the Tooele County Surveyor, to Lt.

Governor’s Office by December 16, 2021, 30 days after the election canvass certified by Tooele

County Clerk on November 16, 2021.

35. On December 2, 2021, Petitioners retained Bruce Parker, land-use expert, to

prepare map on an urgent basis. Petitioners also authorized Bruce Parker to coordinate directly

with Tooele County, to help ensure the approval process would go smoothly to avoid any delays.

36. On the same day, Martin also contacted Olivia Hoge, at the Lt. Governor’s Office,

with concerns about not meeting December 16, 2021 statutory deadline based on the map.
1 Craig Smith is also a member of Tooele County Planning Commission, and has approved
high-density development projects in Erda, over Erda residents’ objections. Smith is also a
member of upper-level management for Six Mile, Inc., who filed a lawsuit seeking to over-
turn Erda’s election results last year. See Six Mile, Inc., et al. v. Diedre Hendrickson, as Lt.
Governor, Utah Third District Court, Tooele County, Case No. 200301695. Unbeknownst to
Petitioners until recently, Smith also filed an annexation application on November 2, 2021,
seeking to annex almost 9,000 acres of Erda land into Grantsville, which annexation would
immediately destroy the City of Erda.

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 37. On Friday, December 3, 2021, Sessions and Conway provided all the necessary

information to complete map. Bruce Parker coordinated with Martin to directly retain Parker’s

subcontractor, Matt Murdock, Wasatch Civil Engineering, to prepare map.

38. On Tuesday, December 7, 2021, Matt Murdock and Bruce Parker completed the

draft map, which Martin and Sessions reviewed for correctness as to parcels removed due to

annexation between the time the boundaries were certified to be placed on the ballot in the

November, 2020 general election and the present.

39. On Wednesday, December 8, 2021, to begin the approval process, Parker

contacted Tooele County to obtain information regarding final details of map that Houghton may

require, including formatting, and location of signature blocks.

40. Based on these communications, Parker advised Petitioners that to begin Tooele

approval process, Tooele required submission of the following to Rylisha Ullin and Kayle

Ahlstrom: a) Completed Annexation Review Submittal Form provided by Tooele, to be signed

by Erda Council under municipality, and also signed by person submitting materials to Tooele; b)

Completed Name Approval Form provided by Tooele; and c) PDF copy of map.

41. Parker advised Petitioners to expect Tooele to create an invoice to review

materials for approval. Tooele would not provide an estimate of charges for its review. However,

Parker reviewed Tooele’s fee schedule and provided a rough estimate of no more than $1,000. Id.

42. On Thursday, December 9, 2021, Erda City Council held a public meeting and

approved map subject to final proofing by Parker and Murdock.

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 43. On Friday December 10, 2021, Parker provided final map to Bird at the start of

the business day, and assured Petitioners he is confident that map should be approved as-is, and

the entire review process should take Tooele County 1-2 days to complete.

44. Immediately thereafter, Bird provided Houghton (in-person) the completed forms

and a pdf copy of the final plat map that Tooele County requested, even though Utah Code

required Houghton to review a 24x36 mylar paper with affixed signatures for approval.

45. On Monday, December 13, 2021, Houghton blindsided Petitioners by issuing an

invoice for $116,000 for review. Bird Declaration, and a copy of the invoice is attached thereto.

46. Petitioners, Bird, Sorensen, and Sessions, each immediately reached out to

Houghton and Tooele County Council members for information regarding this shocking invoice.

Sessions spoke with Chairman Tom Tripp, who appeared to Sessions to not understand what the

State Code required of Houghton to issue approval. Tripp requested supporting documentation

to explain process and/or requirements.

47. On Monday, December 13, 2021, Martin also contacted Olivia Hoge to advise

issues with Tooele County approving map and concerns about not having Tooele’s approval by

December 16, 2021.

48. On Tuesday, December 14, 2021, Sponsors counsel provided Tripp a letter with

requested information.

49. Later that same day, Bird and Sorensen met with Houghton (in-person) to further

discuss information provided in the December 14, 2021 letter. Houghton advised Bird and

Sorensen that he had specific questions relating to his duties and requested additional

information.

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 50. On Wednesday, December 15, 2021, Sponsors counsel provided Tripp and

Houghton a second letter with requested information.

51. When it became apparent that Houghton was not going to provide the approval

stamp before the December 16, 2021 deadline, on Wednesday, December 15, Bird and Sponsors’

counsel, Janet Conway, communicated with Lt Governor’s office to advise of situation, and they

agreed to receive materials, including a copy of the map missing Tooele County’s approval, on

Thursday morning.

52. On Wednesday evening, December 15, 2021, Sponsors’ counsel received an email

from Tooele County Attorney Colin Winchester, stating:

Did you forget to read the ethical rules this year? Perhaps 2022 will be better. You
know that the Tooele County Council is an adverse party in litigation that you are
involved in. If there was any doubt, this email will erase that doubt. You are to
contact Council members only through counsel. Because it’s December and I’m
feeling charitable, I will not report this current violation to the OPC.

53. This email was quickly followed by a subsequent email that stated in its

entirety: “And then I discovered the second letter. Two strikes.”

54. On December 16, 2021, Sponsors’ counsel replied:

Dear Mr. Winchester,

I have received both of your emails from last night, and assume you areimplying
that I may be violating Rule 4.2.

Rule4.2(3) Communication with Persons Represented by Legal Professionals

provides:
“This Rule does not apply to communications with government parties,
employees or officials unless litigation about the subject of the representation is
pending or imminent. Communications with elected officials on policy matters are
permissible when litigation is pending or imminent after disclosure of the
representation to the official.”

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 There is no pending litigation between Erda incorporation sponsors and Tooele
County. There is no pending litigation on the subject of Tooele County Surveyor
approval on the final map for Erda incorporation. Kalem Sessions spoke with Tom
Tripp on 12-14-2021 on this matter, and Tripp requested more information about
the approval process and what is expected of Tooele County to approve the map.
Ryan Sorensen met with Jerry Houghton on 12-15-2021 and Houghton requested
additional information specific to certain questions about the map approval
process.

My letters were not prepared because there is imminent litigation on this subject,
but were in response to requests for information and guidance to resolve
questions. We were under the impression that Tooele County was failing to
comply with the statute because the surveyor did not understand its statutory
obligations under Utah Code17-23-20, and we have been attempting to work
amicably through this process with Tooele County’s Surveyor.

Erda incorporation sponsors are trying to work through this without any litigation,
as that is the last thing Erda incorporation sponsors wish to do. Will you please
provide Tooele County’s position with regards to the approval of the map given
the information provided in my letters of 12-14-2021 and 12-15-2021?

Regards,
Janet M. Conway

54. Winchester immediately replied via email:

I have not yet decided whether to file a bar complaint, but I have not ruled it out.
If I file a bar complaint, you can provide your analysis to OPC staff and/or the
screening panel. Perhaps they will agree with you, as is their right.

As for “Tooele County’s position with regards to the approval of the map,” Jerry
Houghton will perform the review he considers appropriate given his statutory
mandates. Your interpretation of those mandates is irrelevant.

55. On Thursday, December 16, 2021, Bird and Martin met with the Lt. Governor’s

Office and provided materials with cover letter explaining lack of Tooele County approval and

the Tooele County invoice. Later that day, a representative at the Lt Governor’s Office contacted

Tooele County directly to request timeline for approval, which Tooele County refused to provide.

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 56. On Friday, December 17, 2021, Bird and Terry Miner met with Houghton, who

provided them with a map containing certain highlighted split parcels. Houghton represented that

all the elements of Utah Code 17-23-20 were reviewed and satisfied, and further that the

$116,000 invoice would not be a basis to withhold approval. However, Houghton advised the

singular issue preventing him from stamping map was the existence of split parcels -- and

requested Petitioners to submit modified map removing well over 1,000 acres from Erda’s

boundaries.

57. Petitioners’ counsel contacted Lt. Governor’s Office counsel and was advised the

boundaries cannot lawfully be changed by Houghton at this stage of incorporation process. The

Utah Code requires a limited checklist for Surveyor and Houghton must approve map if those

items on the checklist are satisfied. If Houghton changes Erda’s boundaries, he does so without

statutory authority and Lt. Governor’s Office cannot approve Erda’s map with changed

boundaries.

58. Based on this communication, Bird and Houghton agreed to schedule a group

conference call with the Lt. Governor’s Office in an effort to resolve this issue.

59. On the morning of Tuesday, December 21, Jess Bird, Kalem Sessions, Craig

Smith, Jerry Houghton, Tooele County Attorney Colin Winchester, Tooele County Councilman

Tye Hofman, Tooele County Councilman Jared Hamner, Tooele County Manager Andy Welch,

Tooele County Asst. Manager Brittany Lopez, met in Tooele Surveyor’s Office and Janet

Conway, Scott Cheney, Lt. Governor’s Office counsel, and Olivia Hoge, Lt. Governor’s Office

Local Entity Specialist, attended by telephone.

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 60. During that meeting, Scott Cheney advised Houghton that Erda’s incorporation

process is governed by the 2018 Code, and the boundaries cannot lawfully be changed by

Houghton at this stage of incorporation process. Mr. Cheney further discussed in detail that Utah

Code provides a limited checklist for Surveyor, that the duty is pro forma, and Houghton must

approve map if those items on the checklist are satisfied. Cheney clearly told Houghton he does

not have statutory authority to withhold approval of Erda’s map on the basis of split parcels. At

the end of the call, Tooele advised Lt. Governor’s Office and Petitioners that they would need a

few days to make a decision.

61. That afternoon, December 21, 2021, Skywalk filed a lawsuit against the Lt.

Governor’s Office with a motion for temporary restraining order to prevent Lt. Governor’s

Office from issuing certificate of incorporation, based on the failure to submit a map with Tooele

County’s Surveyor’s approval stamp.

62. On Wednesday afternoon, December 22, 2021, Grantsville published notice that it

certified a legally deficient and untimely amended annexation application to annex 8,000 acres

from Erda2, based on Craig Smith’s annexation application, containing misrepresentations that it

contained 100% of land owners’ consent, intending to complete annexation unless formal action

is taken to stop annexation prior to January 17, 2021.

2 This annexation effort includes what is referred to as the Brown Parcel, which this Court
previously entered a TRO in late, 2020, to stop Grantsville from annexing, and Grantsville
thereafter stipulated to amending restraining order to allow council to reject annexation
application. See Erda Community Association, et al. v. Grantsville City, Utah Third District
Court, Case No. 200301443.

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 63. On Thursday, December 23, 2021, Bird attempted to contact Houghton multiple

times to obtain decision from Houghton, who appeared to Bird to be avoiding Bird to delay

providing notice to Bird of his decision.

64. On Friday, December 24, 2021, Christmas Eve, Colin Winchester emailed

Petitioners counsel and a number of other parties, containing an attached letter providing notice

that Houghton was refusing to approve the map because of the split parcels.

65. The deadline for the Lt. Governor’s Office to issue either a certificate of

incorporation or notice of rejection is Monday, January 3, 2022. The Lt. Governor’s Office has

advised it will need 1-2 days turn-around time from receipt of approved map to complete

process. Given the holidays, the office will be closed on Friday, and thus it needs Petitioners to

submit the map no later than end of Wednesday, December 29, 2021.

66. If Erda is unable to obtain its certificate of incorporation on January 3, 2022,

Petitioners will suffer irreparable harm, and such harm includes (1) the loss of the rights to

Petitioners and all Erda voters who should have a vested right in Erda’s incorporation, its

incorporation boundaries, and finalized financial feasibility, as it prepares to be Utah’s newest

incorporated city; and (2) the degradation of the area as a rural agricultural based community, if

Erda is not allowed to complete incorporation and the area remains under Tooele County’s

control.

CLAIM FOR RELIEF – EXTRAORDINARY RELIEF

ORDER REQUIRING HOUGHTON TO APPROVE MAP

67. By this reference Petitioners re-allege and incorporate the foregoing paragraphs as

though fully set forth herein.

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 68. Utah R. Civ. P. 65B(a) provides: “When no other plain, speedy and adequate

remedy is available, a person may petition the court for extraordinary relief.” Utah R. Civ. P.

65B(d)(1) provides any “person aggrieved or whose interests are threatened by any of the acts

enumerated in this paragraph may petition the court for relief.” Utah R. Civ. P. 65(B)(d)(2)

further provides: “Appropriate relief may be granted” where a “person has failed to perform an

act required by law as a duty of office, trust or station.”

69. Extraordinary relief may be granted “to compel a public official to perform their

duty.” Walker v. Weber County, 973 P.2d 927, 929 (Utah App. 1998). “The question of whether to

grant a petition for extraordinary relief lies within the sound discretion of this court." State v.

Barrett, 2005 UT 88, ¶ 24, 127 P.3d 682.

70. A court faced with a petition for extraordinary relief will consider multiple factors

when determining whether to grant the relief requested in the petition. For example, factors such

as the egregiousness of the alleged error, the significance of the legal issue presented by the

petition, the severity of the consequences occasioned by the alleged error, and additional factors,

may all affect the court's decision to grant or withhold relief. Barrett, 2005 UT 88, ¶ 24.

71. In making a determination to grant relief, the court also looks closely at the statute

delineating the official’s duty. Walker, at 930. Where a statute “imposes an objective

requirement” the official is afforded “little latitude in conforming to its requirements.” Walker, at

930. Moreover, “[w]hen a specific power is conferred by statute upon [an elected official] with

limited powers, the powers are limited to such as are specifically mentioned. Accordingly, to

ensure that the administrative powers of the [an elected official] are not overextended, any

reasonable doubt of the existence of any power must be resolved against the exercise thereof.”

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Heber Light Power Co. v. Utah Pub. Serv. Commn, 2010 UT 27, ¶ 17, 231 P.3d 1203 (internal

citations and quotation marks omitted.)

72. Houghton has refused to provide approval, contrary to the mandates of Utah Code

17-23-20, relying upon 2021 incorporation code, which has been vastly re-written since 2018,

and now provides that incorporation sponsors may not submit a request for feasibility study with

boundaries that include split parcels.

73. Petitioners have complied with every step under the 2018 incorporation code and

now Houghton is attempting to personally derail the entire incorporation process, protected by

Utah Constitution, on Christmas, literally days before Erda is set to become a city. Because of

the looming deadline to obtain certificate of incorporation decision from Lt. Governor’s Office,

traditional legal action would effectively preclude timely relief.

74. If Houghton is not ordered to provide official approval stamp by Wednesday,

December 29, Erda City will not receive its certificate of incorporation by the statutory deadline

of January 3, 2022.

75. Petitioners will suffer irreparable harm if Houghton is not compelled by court

order to fulfill his statutory duty as the elected official Tooele County Surveyor, and such harm

includes (1) the loss of the rights to Petitioners and all Erda voters who should have a vested

right in Erda’s incorporation, its incorporation boundaries, and finalized financial feasibility, as it

prepares to be Utah’s newest incorporated city; and (2) the degradation of the area as a rural

agricultural based community, if Erda is not allowed to complete incorporation and the area

remains under Tooele County’s control. The incorporation of the City of Erda is the end result of

16
Petitioners’ exercise of their rights to participate, as citizens, in the legislative initiative process,

which they have done for the last four years. Such loss is not compensable in money damages.

76. Petitioners assert this Court must be compelled to issue extraordinary relief.

Petitioners respectfully request this Court enter an order either a) mandating Houghton to fulfill

his statutory duties and affix the Tooele County Surveyor approval stamp on Erda’s final plat

map before Wednesday, December 29; b) issue an order requiring Houghton to appear before the

court for a hearing on the legality of his actions before Wednesday, December 29; or in the

alternative, c) issue a warrant directing the sheriff to bring Houghton before the court to be dealt

with according to law, pursuant to Utah R. Civ. P. 65B(b)(7).

CLAIM FOR RELIEF – DECLARATORY JUDGMENT

$116,000 INVOICE GROSSLY UNREASONABLE

77. By this reference Petitioners re-allege and incorporate the foregoing paragraphs as

though fully set forth herein.

78. This is a claim for declaratory and injunctive relief brought under Utah Code

§78B-6-401 and Rule 65A of the Utah Rules of Civil Procedure.

79. This Complaint and Petition for Declaratory Judgment and Injunctive Relief is the

only avenue of judicial relief available to Petitioners.

80. Utah Code 17-23-20(5) provides Houghton may charge a reasonable fee for the

costs associated with the approval of a plat as a final local entity plat.

81. Utah Code 17-23-20(4) provides an explicit limited checklist of items for

Surveyor to complete, including such items as whether Jess Bird, as mayor-elect, has affixed his

signature on the map.

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 82. The review and approval process takes only 1-2 days, at best to complete and

requires no out-of-pocket costs from Surveyor, simply a few hours of his time.

83. Houghton’s invoice for $116,000 to review Erda’s final plat map under Utah Code

17-23-20 is exorbitant.

84. Wherefore, Petitioners pray for judgment pursuant to Utah Code § 78B-6-401 et

seq. and Rule 57 of the Utah Rules of Civil Procedure, declaring that Tooele County is prohibited

from charging $116,000 for review of final plat map, and should be ordered to charge no more

than $1,000 for his duties.

PRAYER FOR RELIEF

WHEREFORE, Petitioners pray for judgment as follows:

1. This Court to issue an order declaring that the actions of Tooele County

Surveyor, Jerry Houghton, are without statutory authority, contrary to law, in violation of

Petitioner’s constitutional rights, and to order Houghton to comply with the law and approve

Erda’s final plat map before December 29, 2021.

2. This Court to issue an Order enjoining Tooele County Surveyor, Jerry

Houghton, from charging more than $1,000 for discharging his duties in reviewing Erda’s

final plat map.

3. An award of attorneys’ fees and costs.

4. Such other and further relief as this Court deems just and equitable.

Dated December 27, 2021.

/s/ Janet M. Conway

Janet M. Conway
Attorney for Petitioners

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