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SALT LAKE CITY — The $15.3 million bond issue approved by Salt Lake City voters in 2003 was validated by a judge Wednesday, allowing the city to move forward with construction of a soccer complex near the Jordan River.
Judge Robert Hilder's ruling comes four weeks after the unorthodox case was heard in 3rd District Court. Seeking to put a stop of legal challenges to the bond issue, city attorneys petitioned the court to establish the validity of the bonds through the seldom-used Utah Bond Validation Act.
In asking the court to validate the bond, the city essentially sued all of its residents — including the judge originally scheduled to hear the case.
In his 22-page ruling, Hilder called the bond validation action "not even a close case" and declared that the city followed "common and accepted practice" throughout the bond process.
The Salt Lake City Council now may approve the final bond resolution, and it will be "legal, valid and binding under the Bond Validation Act," Hilder wrote.
Because the city sued all taxpayers, all those who represented themselves at the Feb. 9 hearing were allowed to cross-examine witnesses — including Mayor Ralph Becker and members of the City Council — and make closing statements to the judge.
Prior to that hearing, the Utah Bond Validation Act had been used only once since it was passed by the state Legislature in 1987.
Legal challenges by the Jordan River Restoration Network have thus far prevented the City Council from authorizing the sale of bonds to construct the Salt Lake Regional Athletic Complex near 1900 West and 2200 North.
The environmental group objects to the soccer complex being built near the Jordan River and in a flood plain. It also took issue with differences between the project approved by voters in 2003 and what the city now intends to build.
Hilder ruled that there is "no substantial difference" to the project "that does not fall within the city's bounds of discretion."
The court also ruled that the period for contesting the validity of the bond election expired on Dec. 23, 2003. Prior to that date, "no party contested the election," Hilder wrote.
Prior to the ruling, attorneys for the Jordan River Restoration Network said they would appeal any ruling that went against the environmental group.
E-mail:jpage@ksl.com
