County attorney: amended complaint filed; immediate-occupancy affidavits being prepared

Daggett County legal counsel told commissioners the county has filed an amended complaint in an ongoing condemnation action and that opposing counsel has stipulated to an amended order. The county is awaiting the judge’s signature on that order, after which the amended complaint will be fully effective and the county will file affidavits seeking immediate occupancy for two affected parties.

County counsel said he is preparing two affidavits — one for “Trevor” and one for “Matt Lucas” — to support requests for immediate occupancy once the judge signs the order. Counsel also said that if the opposing side requests a hearing after the judge signs the order, the county will schedule one; such a hearing would not prevent the county from requesting immediate occupancy in the interim.

Commissioners and counsel discussed construction timing. Counsel indicated a contractor (“Mac”) could start construction before immediate-occupancy relief is granted; the contractor has been reluctant to complete work because of uncertainty about connecting utilities. Counsel said a hearing on immediate occupancy will be scheduled “as soon as the judge has availability on his calendar.”

The county noted that one affected occupant had been told by the town they must vacate the building by October; counsel said that fact is part of the justification being memorialized in the affidavits.

Why this matters: immediate-occupancy requests can alter on-the-ground conditions quickly — for example, allowing a contractor to mobilize or occupants to return — and the county is documenting time-sensitive facts to support a rapid judicial decision.