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Wednesday, February 17, 2010

Why Negotiate With The Powdervillahns

Guest Post by Ernie

Why negotiate "at this time?"

Nobody can blame the PM Town Captives from wanting a deal and nobody has to take my suggestions. But:

1. The biggest obstacle to passage in the Senate, Senator Killpack, is gone because of his resignation due to a drunk driving charge. According to the Tribune, Killpack, sponsored HB 466 in June of 2007. It was KIllpack who last year closed the session early to prevent the bill allowing the Powder Mountain Captives a vote to Opt. out of HB 466. For shame on the Senate.

2. Right now proceedings relative to incorporating Powder Mountain Town are stayed pending appeal.
This means the parties to the law suit brought by the Powdervillahns' against The County and several of the Powder Mountain Captives are ordered and sanctioned by possible contempt of court to do nothing until the case is heard by The Utah Supreme Court. Has the conduct of the parties recently violated the stay? Well, it is complicated. The time to get a hearing in Supreme Court is six months to two years. Point. Parties involved are ill advised to do anything in a hurry.

3. Nobody should be heard to object to the bill that is now passing through the Utah Senate. HB 466 as amended is totally illegal because now only the PM Captives can be dragged into a town with no immediate right to vote out. This is an obvious violation of  the "equal protection" provisions of the Utah Constitution Art. 1 Sec. 2  & 3. 

It makes no sense to risk illegal conduct or an illegal result by shortcutting the Judicial and Legislative process. No negotiations should take place until there is a hearing date set in the court because most rate chances of proceedings in the Senate rescuing the Powder Mountain captives great. 

1 comment:


The stay issued by the Utah Supremes prevents official action, such as formal incorporation of the Town, naming the mayor and council, etc. No court at any level, ever, in my knowledge, has stayed settlement negotiations that might lead to resolution of the dispute and dismissal of the litigation.

I do share your caution about rushing to a disadvantageous resolution just to get it behind us.

As to the legislation, if Froerer's bill passes and is signed, that would likely kill the Town and moot the appeal, so the bad guys are dead set against it and will continue to pay legislators (particularly senators) to vote against it.