PROVO, Utah — A judge has issued a split ruling in a lawsuit against the state of Utah over a controversial proposal to dredge Utah Lake and build islands on it.
In a ruling handed down on Friday, Fourth District Court Judge Christine Johnson threw out a large part of Lake Restoration Solutions' lawsuit against the Utah Division of Forestry, Fire & State Lands. She ruled that the state followed the proper administrative process when it rejected LRS' permit application.
However, the judge did allow part of the company's lawsuit to move forward, finding that some of the dispute over the agency's conclusions could continue to be litigated.
"The Court recognizes that the State Agencies believe that the [record of decision] and the Order were correctly decided, and that LRS’s present legal arguments are misguided. However, those are arguments for another day and not properly considered on a motion to dismiss," Judge Johnson wrote.
"To avoid this result, the State Agencies correctly observe that LRS failed to object to the factual record complied below. LRS does not dispute this, and indeed cannot because it is plainly noted in the Order. Notwithstanding, LRS has not sought judicial review contesting any facts–only the legal result. The legal issue are preserved and judicial review to those legal issues can be narrowed accordingly."
To address Utah Lake's environmental problems, Lake Restoration Solutions sought to undertake a multi-billion dollar project that includes dredging the lake and building islands for housing, habitat and recreation on it. But the Utah Division of Forestry, Fire & State Lands rejected it finding the project would not pass constitutional muster (the land underneath the water is considered public) and would not be in the interests of the people of Utah.
The project has been opposed by some environmental and community groups. Utah Department of Natural Resources Executive Director Joel Ferry upheld the decision. That prompted Lake Restorations to sue.
Read the judge's ruling here:
