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Midway Council Hears Appeal Challenging Legal Status of Homestead Golf Course; Hearing Record Left Open
Summary
The Chalets on the Creek HOA appealed a site disturbance permit for the Homestead Golf Course, claiming the course was never legally established in 1989. Midway City argued the appeal is time-barred; council kept the record open for a 10-day written rebuttal and did not decide at the meeting.
The Midway City Council on Monday heard an administrative appeal from the Chalets on the Creek Homeowners Association seeking revocation of a site disturbance permit issued to Homestead Group LLC for redevelopment of the Homestead Golf Course.
John Reeves, speaking for the HOA, argued the course was never legally established and therefore cannot be treated as a grandfathered nonconforming use. “Simply put, if a golf course was never legally established, it cannot be considered a legal nonconforming use now,” Reeves said, citing missing building permits, the absence of a certificate of zoning compliance, and defects in ordinances from 1987–1990.
Corbin Gordon, representing Midway City, countered that decades-old land-use approvals are final under Utah law and that the HOA’s challenge is barred by statutes of limitation and long-standing case law. “The appeal fails because the statute of limitations has run,” Gordon told the council, summarizing the city’s position that the record shows conditional-use approval in 1987–1989.
After brief questions about procedure and potential conflicts of interest, the council agreed to keep the hearing record open so the HOA may submit a written rebuttal. The council directed the appellant to file any written rebuttal within 10 business days; staff said the council would then complete the record and may deliberate in a closed session before issuing a written decision. A final decision was not made at the meeting.
Council members also discussed scheduling logistics and noted the need to complete deliberations before the end of the year or by special meeting so membership changes do not affect the outcome. One appellant requested that a council member recuse from deliberations because of an alleged connection to the Homestead Resort; the council discussed disclosure and left the choice to individual members.
Next steps: the appellant will file a written rebuttal within the council’s 10-day window, after which the council will complete the record and make a decision in writing at a future meeting.
