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SUMMIT COUNTY -- Coalville Mayor Duane Schmidt has written a letter to Utah's court administrator, asking why the state is illegally operating its 3rd District Court away from Coalville.
The small city of Coalville is the county seat for Summit County, and Utah statutes say the courts have to be located in the county seat of each state county.
"My interpretation of the law is that court must be held in the county seat," said Schmidt, "and the only way you can move court out of the county seat is by a legislative resolution that needs to take place prior to the move."
That resolution never happened, even though the 3rd District Court is now based next to the Summit County Sheriff's Office in unincorporated Summit County -- close to Park City.
"The law is the law, and the county seat is in Coalville," said Schmidt.
Representatives from Utah's Court Administration met with Schmidt Wednesday afternoon to discuss the issue. Schmidt says they acknowledged there is a problem, but that they wouldn't be moving the court back to Coalville full time. Further discussions will take place to figure out what to do.
"We're not asking for anything other than what we're entitled to do," said Coalville City Attorney Sheldon Smith. "We've researched a little bit and looked into the statute, and it appears like it's pretty black and white. The court should be in the county seat. Coalville is the county seat."
Mayor Schmidt says it's just another example of how Coalville is becoming Summit County's seat in name only.
In the past 10 years or so, the Summit County Health Department administration, Summit County Sheriff's Office, jail, public works department, public works administration, animal control and mosquito abatement have all left Coalville. Most have relocated closer to Park City, where most of Summit County's population is.
"Based on convenience, I don't think you can circumvent the law just based on convenience and population," said Schmidt.
Utah statutes also say county offices have to be located in the county seat unless the population of the entire county is less than 8,000 residents.
"That's not the case here," said Schmidt. "It's very hard for our small businesses. They depend on traffic flow. By moving all those offices out of Coalville, you've decreased the traffic flow, and that in turn decreases what our business people are capable of doing."
Denise's Home Plate Restaurant is one of these businesses. Denise Pace owns the restaurant and says ever since the jail left town, she's struggled to make up the difference.
"There were a few years we weren't sure we were going to survive when we lost the contract for the jail meals," said Pace.
Her contract was to feed all the jails inmates three times a day. She had the contract for 10 years until the jail moved away.
"There [aren't] enough people and income in Coalville to possibly help you regain something like that," said Pace.
"The more traffic you have going through town, the more business you're going to get," said "Spug" Blonquist, the owner of Summit Merc in the center of town.
Blonquist says the moves haven't really affected his grocery/hardware store, but knows the moves have hurt nearby restaurants.
"Back when all the offices were here, you couldn't find a seat during lunchtime," said Blonquist.
Summit County's Manager Bob Jasper has only been on the job for a month but admits the mayor has a point.
"I think he raises an issue that needs to be addressed," said Jasper. "I don't know what we have to move all our forces, but we can certainly allow space for a presence for the sheriff and the courts and they can meet here occasionally or as much as they want."
Realistically, Jasper doesn't think all the offices that moved away will come back to be based in Coalville.
"That was many millions of dollars," said Jasper, "and I'm doubtful we'll abandon those buildings and spend $15 to $20 million to replicate them here."
Smith says he understands the reality of the situation, but he also says the law is the law.
"There's no reason to dismantle the county seat at this point, but it seems like that's what is happening," said Smith.
Jasper says the county has no plans to try and move the county seat to Park City. Pace says that's basically what has already happened, though.
"That's where all the income is, in Summit County," she said, "and our town will die. It will without the county seat here. The more stuff they move, the bigger hit we take."
Blonquist thinks it's only a matter of time. He says, "At some point, the county seat will be in Park City."
E-mail: acabrero@ksl.com
