- Utah Supreme Court rules Heber Valley Utah Temple construction can resume despite some residents' appeal.
- The ruling said the Church of Jesus Christ, which won the initial lawsuit, is willing to risk costs if it loses the appeal.
- Residents claim harm to their privacy and problems with noise and light pollution from the temple.
HEBER CITY — Despite an appeal filed by Heber City residents who claim a Heber Valley temple will harm their health and privacy, Utah's high court ruled that construction on the temple can continue.
The Church of Jesus Christ of Latter-day Saints, along with Wasatch County, prevailed in the lawsuit against the construction of the church's Heber Valley Utah Temple last summer, but an appeal of that decision again put construction on hold.
On Thursday, the Utah Supreme Court ruled construction can resume during the appeal.
Groundbreaking for the temple was held on Oct. 8, 2022, with a dedicatory prayer by President Russell M. Nelson, who announced the temple a year earlier.
Thursday's opinion, written by Justice Paige Petersen, said the church began work on the temple immediately after the lawsuit was dismissed last summer, before the injunction halting construction was issued. It said the church "wants to begin building the temple immediately."
It said the church acknowledges the appeal is still pending and by building now it could be required to pay to restore the land to its prior condition — but "is willing to take that risk."
Sam Penrod, church spokesman, said the church welcomes this decision and plans to restart utility and grading work "right away" to prepare for construction.
"The church is hopeful that the appeal of the previously dismissed lawsuit will soon be resolved in its favor. Once completed, this temple will bless the lives of Latter-day Saints in the Heber Valley by providing a sacred house of worship closer to their homes," he said.
To support the decision to lift the injunction, the Supreme Court judges determined that the construction would not cause irreparable harm to the Heber City residents. The opinion stated that the residents claim the temple would harm their privacy and cause light pollution, but addressed harms from a completed temple, not from construction.
In her ruling granting the injunction, 4th District Judge Jennifer Mabey cited harm from enduring construction that is later found unlawful. The church opposed the injunction, arguing that requiring it to wait to begin construction would increase costs by $7.8 to $11.4 million. Mabey found irreparable injuries outweigh monetary damages.
The case was initially filed against Wasatch County, which approved the temple plans, but The Church of Jesus Christ of Latter-day Saints intervened in the lawsuit.
The church revised its plans for the temple in response to public feedback, including reduced outdoor lighting, making it "one of the dimmest temples in the world," according to the project's principal architect, Curtis Miner.
