Powder Mountain Boycott is Urged while Former Planning Commissioner Jamie Lythgoe Is Back On The Hotseat

Powder Mountain continues to be a hot topic over a morning cup of Joe at Drew's place ever since the greedy bas----s chose to trample the civil rights of citizens who will be forced into the grand company town of Powderville. "Forced" because the citizens will never have a vote until a full two years after the incorporation and coronation of the Town's Father's (cronies) takes place.

Some may remember that this forum promoted a boycott of Powder Mountain in February, 2008, but it was late in the ski season and didn't gain much momentum. Now rumblings of a full scale, all out boycott are being proposed and we feel the timing is right with the Season Pass sale just getting underway.

Others share our conviction as illustrated in an upcoming letter to the editor of the Standard from Eden resident Dennis Maher.

We will insert an excellent clip on the issue that recently ran on the front page of the Weber County Forum:

And here's a short letter from the Std-Ex live site, calling upon Powder Mountain skiers to exert some socio-economic muscle; and to boycott Powder Mountain:

• Residents oppose Powder Mountain agenda

We believe Std-Ex reader Dennis Maher makes a very good point. For those who are opposed to the Powder Mountain developer's despicable Powderville Town power grab, buying ski passes at Powder Mountain is rather like sleeping with the enemy, isn't it?

On another Powder Mountain note, you may remember the lengthy saga of Jamie Lythgoe, granddaughter of Alvin Cobabe, the Powder Mountain Founder.

To recap, Jamie was appointed to the Weber County Planning Commission mysteriously at about the same time Powder Mountain's new owners began petitioning Weber County for substantial zoning and density changes.

The issue of a conflict of interest came up repeatedly and Jamie refused to admit any conflict claiming that her family had sold nearly all of their Powder Mountain assets and the changes would have no effect on her and her family.

We urge our readers to view this October 2007 Standard Article when the issue of a conflict came to a head. Be sure to review the Bold Text.

Among other things, the article quotes minutes of a meeting with Ms. Lythgoe which states, “Commissioner Lythgoe for the record said the property was her family business, but they have sold it.”

As luck would have it, we were recently forwarded an email from Ms. Lythgoe to the Executive Director of the Ogden Valley Business Association. The email was in response to a request from the chair for local OVBA member businesses to participate in the upcoming "Powder Rush" Winter Outdoor Sports Show.

Here is Jamie's response to the request:

I will committ time and funds for Columbine Inn at powder mountain to participate. Count us in. I think it is great for this year where travelers are vacationing closer to home. I would be happy to donate a room stay for a giveaway prize if needed also.

Jamie

Sent from my BlackBerry® smartphone with SprintSpeed

Take note that Jamie uses the pronoun "I" several times synonymous with being one in the same with the Columbine Inn. A simple Realtor or broker managing the property would likely not have the ability to so nonchalantly donate a room and "committ the time and funds." The Columbine web site touts all of Powder Mountain and boasts rentals for Ski In and Ski Out Condos.

You be the judge Ogden Valley. Conflict or no conflict.

UPDATE: July 31, 2009 11:00 am

Be sure to read Rudi's most excellent article on the topic at the Weber County Fourm.

Read it and Weep!

Understand this map and pitch in to help. Not only to help the homeowners that are being forced into the town without a vote, but also to protect the ambience and beauty of Ogden Valley.

The red area clearly delineates the proposed town of Powder Mountain if the incorporation is approved. Powder Mountain has indicated that they wish to put about 10,000 units in the lower red area from left to right. These would be on 1/3 acre lots. Be aware that the proposed town planning commission of Powder Mountain can ignore the existing Weber County ordinances regarding density, ridge lines, and lot size since they can make their own zoning decisions!

Your support for the legal case for the affected homeowners could stop this from happening!

Act now! If you wish to contribute with a donation please send your check to:

Citizens Rights Defense Fund

PO Box 231

Eden, UT 84310

Or contact Darla Van Zeben 801-745-4740

Check out their website:

www.PowderMountainCitizensRights.com

Valley Citizens Questions

Below are questions that were asked at our Citizen's Rights booths in both in Huntsville and Liberty on July 4th. These questions reflect legitimate concerns of Valley citizens regarding this onerous incorporation.

1. If Powder Mountain really wishes to be a good neighbor in Ogden Valley as they claim, why is the word on the street in the Valley that they are offering $750,000 to the new town after incorporation if the town residents agree to sign off on the development of up to 10,000 home sites on 1/3 of an acre lots along the base of the mountains facing the Valley?

2. As “good neighbors”, why would they continue to advance a plan that will totally overwhelm the density numbers in the Ogden Valley Master Plan?

3. Will there be any financial gain for Alvin Cobabe or anyone in the Cobabe extended family if the town incorporation is successful?

4. Why was a Cobabe family member appointed by the Weber County Commissioners to the Ogden Valley Planning Commission just prior to the Powder Mountain petition appearing on the OVPC agenda? It should have been obvious to the Weber County Commission that the conditions for conflict of interest were inherent with such an appointment.

5. Why was the Cobabe family member on the Ogden Valley Planning Commission never directed to recuse herself on any issue regarding the Powder Mountain rezone petition?

6. The Powder Mountain developer has never satisfactorily addressed the single road issue. What do they propose to do with the road that is not designed to safely handle the projected increased traffic? What about fire or an avalanche that could trap many summer users or skiers at the top with no alternative way to get out?

7. Do the Powder Mountain developers have the financial resources to build what they say they are going to build or are they going to flip the property (sell) if and when the zoning is changed?

Don't be bashful Ogden Valley Citizens, speak out in our comment section!

Banner Day on the 4th of July!

Ogden Valley residents turned out in good numbers in Huntsville, Eden, and Liberty for their pancake breakfasts and other holiday events. The evening was capped off with three terrific firework shows in each locale.

Many generous Ogden Valley citizens donated some of their hard earned cash to support the Citizens Rights Defense Fund. This fund has been established to support the legal battle for homeowners that are fighting the good fight against their forced incorporation into the proposed Powder Mountain town. The Huntsville and Liberty parades each had a float supporting the Powder Mountain homeowners and their cause.

This proposed town incorporation will have serious ramifications well beyond these homeowners being forced into the town. If the zoning is changed at Powder Mountain by the town officials after any incorporation, the ripple effect to Ogden Valley will impact all of us. The announced plans by the developers will overwhelm the density (dwellings) numbers of the existing Ogden Valley General Plan. We will also be looking at a significant traffic increase in our favorite living and recreation area. From that point on, our area could become another Park City!

If you wish to contribute with a donation please send your check to:

Citizens Rights Defense Fund

PO Box 231

Eden, UT 84310

Or contact Darla Van Zeben 801-745-4740

Check out their website:

www.PowderMountainCitizensRights.com

Help the Powder Mountain

Homeowners protect their Civil Rights!

They need your financial support to defeat this unconstitutional town incorporation.

The homeowners were forced into the

proposed town’s boundries without any vote and cannot even vote for the town’s government. How un-American is that?

Send your Donation to the

Citizens Rights Defense Fund

CRDF PO Box 231

Eden, UT 84310

Web:

www.powdermountaincitizensrights.com

stay connected and informed in

Ogden Valley

www.ogden-valley.blogspot.com

Is our Ogden Valley lifestyle doomed?

Not by a long shot!

The ruling by Judge Jones regarding Powder Mountain vs. Weber County last week in Ogden should energize our focus and rekindle our determination to continue this battle against the incorporation of the Powder Mountain town.

The incorporation effort is as flawed as the legislation that permitted it to happen. The ramifications of HB466 in 2007 were overlooked by the legal eagles in the legislature that should have recognized the passage of this bill would result in loss of equal protection to some Utah citizens provided by the Constitution of the United States and indeed, our Utah State constitution as well.

This blog will be a source of exposure of the sordid process used by the Powder Mountain “Perps”. We plan to dig out and reprint quotes from those involved at Powder Mountain that were intended to deceive and how their plan included misinformation and disingenuous statements to further their cause.

We will also include in our review, the somewhat marginal performance of both the Ogden Valley Planning Commission and the Weber County Commissioners by their failure to address an obvious conflict of interest in the midst of this process regarding Powder Mountain.

For the sake of clarity, it is our experience that most Ogden Valley residents are not against an improved ski development at Powder Mountain. The current zoning in effect provided the Powder Mountain developers the latitude to develop about 1500 units, but without the two 18 hole golf courses and some other additions.

The Eden homeowners that were forced into the incorporation process without a vote will welcome your financial support to continue fighting this battle. If you balk at the thought of this, remember, some of you could be the next victim through annexation if this heavy handed and unconstitutional power play by Powder Mountain is allowed to stand unchallenged.

Donations to this cause can be sent to the “Citizen’s Rights Defense Fund”, P.O. Box 231, Eden, UT 84310.

Any question about the fund or Homeowner’s group should be directed to Darla Van Zeben 801-745-4740.

Update 6/24/09 8:30 a.m.: The Standard-Examiner carries an excellent editorial on the Powder Mountain topic this morning. Be sure to check it out:

OUR VIEW: Powder Town saga continues

Powderville It Is - Judge Ernie Rules In Favor of The Powder Mountain Perps - UPDATED

After today's disheartening ruling, we are going to leave the discussion up to Rudi at the Weber County Forum, whilst we take a well deserved holiday. Rest assured we will be thinking of our new Powderville neighbors whom Judge Ernie feels should live under brother Daniel's fascist tyranny.

Before we go, we will paste a comment from the robust discussion at the Weber County Forum on the matter. It is time for Phase II, as the author of this post so eloquently recommends.

Here it is:

Before the county held their ground and said the town council needed to be fair, the foes of Powderville created a strategy to bankrupt the perpetrators. This all went dormant as the courts did their thing, and now it is time to launch the next phase of the strategy which is legal, focused and deadly. Generally speaking, we expected this outcome and our plans are now timely.

We have all been quiet for awhile, but expect the activists to re-emerge.

It is time for all activists to stand up for our Powderville neighbors!!!

Update 6/17/09 2:34 pm: Check out Weber County Forum's latest (6/17/09) post on this topic, which offers a totally different (and slightly more optimistic) spin:

Powder Mountain Update: Powder Mountain Dispute Isn't Even Close to Being Over Yet

Powderville citizens have no reason to bring out the "crying towels" yet.

"It's not over until it's over." - Yogi Berra

Update On Oral Arguments That Will Be Presented Tomorrow Morning In the Powder Mountain Case - Powderville or Bust!!

As we mentioned yesterday, the Perp's of Powder Mountain will have their day in court tomorrow morning. We have just received some important briefs regarding the case, but will refer you to today's post at the Weber County Forum where Rudi has done a masterful job of laying it out for all to see.

We will also include a link to an informative, historical timeline along with facts surrounding the Powder Mountain fiasco. This is a must read document.

Lastly, the citizens who are being dragged into this fiasco have been funding their own legal defense, and the fees are mounting. Taking a stand against the PERPS will benefit EVERYONE in Ogden Valley, Weber County and the State of Utah.

Donations can be made to the Citizens Rights Defense Fund at the Wells Fargo branch in Eden, or mailed to P.O. Box 231, Eden 84310, or hand-delivered to any of the plaintiffs.

Dig deep and help our neighbors in Powderville stand up for their constitutional rights.

Powder Mountain Developers (aka Powdervillians) Get Their Day In Court

The saga of the Powdervillians (Lee A. Daniels, Mark Arnold and others) and their unconstitutional scheme to take the rights away from their neighbors comes to a head Tuesday in Ogden's Second District Court. Lee A. Daniels and Mark Arnold want to force neighboring residents into their town of Powder Mountain, more affectionately known as "Powderville."

A ridiculous law allowed the scheming developers to force residents into their town with no vote or input from the affected residents. The law was later rescinded, but the Utah Legislature did not have the courage to make the change retroactive. As a result the Powdervillians were able to proceed with their fascist plan.

Ultimately, the Weber County Commissioners put a halt to the Town Incorporation debacle when the developer submitted list of Mayoral and Council members resembled a family reuinion list.

The oral arguments will be heard by Honorable Judge Ernie Jones who moonlights on weekends as a volunteer for the Powder Mountain Ski Patrol. Jones is a fair and open minded judge whom we think will be able to ultimately make an unbiased judgment.

Lee A. Daniels and Mark Arnold are scheduled to testify during the hearing, which will be the first time many have had the chance to see or hear from the illusive schemers. Up until now, they have hidden behind their disastrous public relations firm.

Former Stake President Lee Daniels has an impressive resume' theologically speaking and we are disappointed that he chooses to live that role only on Sunday. It seems as though the waters of business, church and state seem to be muddied. Fascism at its finest!

The jury of public opinion will be closely standing by. Arrive early as the Gallery will surely be full.

Here is the Tuesday morning agenda:

                        SECOND DISTRICT COURT - OGDEN
ERNIE W JONES                                                    June 16, 2009
4th Floor Southeast                                                    Tuesday
09:00 AM      ORAL ARGUMENT                         080905386 Writs
ARNOLD, MARK E                           ATTY: JORDAN, DAVID J
                                             RASICH, MARC T
BATES, EDWARD F
DANIELS, LEE A
VANZEBEN, DAN                                 MAHAN, RUSSELL L
LONGHURST-VANZEBEN, DARLA
SATTERTHWAITE, TAYLOR
HALAY, JAMES P
MITCHELL, DEJA N
DOWELL, KATHLEEN O
AMANN, SUZANNE
VS.
WEBER COUNTY COMMISSION                  ATTY: ALLRED, CHRISTOPHER F
BISCHOFF, KENNETH A
DEARDON, CRAIG L
ZOGMAISTER, JAN M
------------------------------------------------------------------------------
    ORAL ARGUMENTS                        080905711 Writs
VANZEBEN, DAN                            ATTY:
SATTERTHWAITE, TAYLOR               
HALAY, JAMES P                      
MITCHELL, DEJA N                    
DOWELL, KATHLEEN O                  
AMANN, SUZANNE                                MAHAN, RUSSELL L
VS.
WEBER COUNTY COMMISSION                  ATTY: ALLRED, CHRISTOPHER F
BISCHOFF, KEN A                     
DEARDEN, CRAIG L                    
ZOGMAISTER, JAN M

UPDATE:  Click here to view a previous post with links to many important articles and references.

Two Important Draft Ordinances

The Weber County Planning Division and Ogden Valley Planning Commission have completed their revisions to the draft Destination Recreation Resort Ordinance. The following is important information regarding the pending ordinance:

• Ogden Valley Destination & Recreation Resort Zone DRR-1 (The Weber County Planning Division is seeking public comment on the proposed Destination Recreation Resort Ordinance in anticipation of a June 23, 2009 public hearing before the Ogden Valley Township Planning Commission. Written comments will be accepted through June 17, 2009 at the following E-mail: ssillito@co.weber.ut.us or at 2380 Washington Blvd., Suite 240, Ogden, UT 84401)

The Planning Division has also revised the Hillside Development Review Procedures and Standards ordinance. Below is information concerning those revisions:

• Hillside Development Review Procedures and Standards (The Weber County Planning Division is seeking public comment on the Hillside Development Ordinance in anticipation of a June 23, 2009 public hearing before the Ogden Valley Township Planning Commission. Written comments will be accepted through June 17, 2009 at the following E-mail: ssillito@co.weber.ut.us or at 2380 Washington Blvd., Suite 240, Ogden, UT 84401)

Copies of both drafts can be found on the Planning Department's web site under Pending Projects.

We encourage everyone to review both of these documents, submit your comments to the Planning Division no late than June 17 and if possible, attend the public hearing June 23, 2009.

Your VCRD Staff

Eden Liquor Agency Update

Wednesday, June 03, 2009

Here’s the latest news regarding opening a package liquor sales agency here in Ogden Valley!

As you may know, the Wolf Creek Liquor Cellar is closing and has endorsed Mr. Bill Lyman, Managing Member, Ogden Valley Liquor Group, L.L.C. to open The Eden Liquor Agency as soon as possible. Wolf Creek Liquor Cellar has discontinued purchasing alcohol from the UDABC and will be closing its doors on June 19, 2009.

Mr. Lyman submitted the Ogden Valley Liquor Group, L.L.C’s application package to the UDABC today and is scheduled to have it submitted, reviewed and approved by the UDABC Board of Governors on Wednesday, June 24, 2009. Mr. Lyman will commence preparations to open The Eden Liquor Agency upon receipt of the Type-2 Package Agency contract from the state on June 24th.

Mr. Lyman estimates that The Eden Liquor Agency will open the week of July 6th and has plans to organize a grand-opening ceremony involving the OVBA that same week, if possible. Stay

tuned for an announcement on this blog. Again…thank you for all the public support and we look forward to serving your needs!

Bill Lyman, Managing Member, Ogden Valley Liquor Group, L.L.C., dba: The Eden Liquor Agency!

Important Time Correction for S.R. 39 Closures

Ogden Canyon, SR 39 Closures Announced

By Shanna Francis

The Weber County Sheriff’s Office has reported that plans have been made to transport Valley Elementary’s portable classrooms out of Ogden Valley during three separate trips—Sunday, June 14, 21, and 28. 

The moving of the classrooms will necessitate the closure of Ogden Canyon, and State Road 39 in Huntsville.  While it should take only two to three hours to transport each classroom, plans are being made to shut down the roadways for up to five hours.

Motorists should be advised that SR 39 will be closed in both directions June 14, 21, and 28 from 4:30 a.m. to 10:00 a.m., and Ogden Canyon will be closed in both directions from 5:00 a.m. to 10:00 a.m.  

The original times in the Ogden Valley News reflected p.m. closures and they were incorrect!

 

Please note that these road closure dates and times may change.