Materially Injured!

Utah State Code:  10-9a-609.5 -Vacating a public street or city trail.

  • 4a) good cause exists for the vacation,
  • 4b) neither the public interest nor any person will be materially injury by the vacation.

Definition of Public Interest (welfare of general public – not one persons or groups interest) or Materially injury: injury resulting in damages of substantial nature  

  1. Trail is a Public Easement – does the public still use the trail 
  2. Public No longer have access
  3. Does this vacation benefit all Highland City residents 
  4. Will residents see the vacating as rights taken away from residents

TRAILS ARE PUBLIC EASEMENTS 

By State Code the city council was suppose to make the above finding in order to vacate any city trail. At the Dec. 3, 2019 city council meeting the only finding that was discussed by the city council, was Council Ostler finding that there was NOT good cause to remove the trails, and that the Public Interest would be hurt, and there would be Material Injury.  No one else disputed or mentioned any other findings to the contrary. 

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