Levan council votes to enter executive session to discuss pending water litigation

At the end of its Jan. 8 meeting, the Levan Town Council voted to convene an executive session to discuss pending or reasonably imminent litigation related to water agreements and other subjects. A council member moved that the council enter a closed session with the town attorney present; another member seconded the motion and the chair announced four ayes, meeting the two‑thirds requirement for a five‑member council.

Town Attorney Brett Bridge advised the council that litigation matters and other categories enumerated in Utah law (for example, attorney/client privileged litigation discussions) may be appropriate subjects for a closed meeting, but that any member with a conflict of interest must declare it before the executive session begins.

Council discussion in open session included mentions of an agreement that exchanges water from Tunnel Springs with Cobble/Cobberock Spring, and council members noted the agreement is part of ongoing litigation. Several members said they needed more specificity on the topic before a closed meeting, and the attorney recommended identifying the litigation category in the motion so recording requirements and minutes are correct.

After the vote, the council asked the public to be excused so it could convene into executive session. A member of the public loudly questioned why the lawsuit had reached the point of litigation; the chair said copies of the lawsuit are available for public review.