Dec. 2024 | Vol. 18 Iss. 12
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CITY REACHES SETTLEMENT AGREEMENT WITH GENEVA, ENDING LONGSTANDING LEGAL BATTLES
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By Mimi Darley Dutton | m.dutton@mycityjournals.com
D
raper Mayor Troy Walker has long said it would likely be better to strike a deal with Geneva Rock rather than letting a judge or jury decide. “It’s always better to make a deal because you get something from it,” Walker said. After years of back and forth between Geneva Rock and Draper’s Planning Commission and City Council, as well as the Utah Division of Oil, Gas and Mining (DOGM) rulings on the matter and legislative rulings favoring Geneva’s ability to expand operations at the Point of the Mountain, Draper City reached a settlement agreement with Geneva Rock. It was approved by the City Council at the Nov. 12 meeting. According to a statement from Draper City, “State lawmakers directed both parties to reach an agreement, saying they would otherwise enact legislation that would resolve the dispute on the legislature’s terms. This legislative action would override any favorable decision for the City. Approving this agreement enables the City to preserve land that would otherwise be subject to mining given Geneva Rock’s claimed Vested
Mining Use.” The city’s statement also indicated they recognize this doesn’t resolve all concerns Draper residents may have about environmental impacts, including air quality, but that the city relies on state agencies to enforce standards that Geneva Rock is subject to. City Manager Mike Barker said, “This settlement agreement is to address Geneva filing a declaration of vested mining use in 2021. Under current state law, upon filing that declaration, Geneva was able to circumvent any of our zoning restrictions. We sought a lawsuit challenging that declaration in 2022. It became apparent we had a couple of challenges right out of the gate, the first being high burden of proof, the second is we could see which way the legislative winds were blowing…reflecting the legislature’s determination that an ample, inexpensive supply of gravel and similar materials was important to the state’s economic growth. Last session, a couple of bills were put on hold…the intent of which was to give Sand & Gravel operators the Continued page 5
This map and legend show what Geneva Rock has agreed to do with the land they own at the Point of the Mountain. After a yearslong legal battle, Draper City and Geneva Rock reached a settlement agreement. “Of all the things I’ve worked on in the city, this was difficult and expensive, but I think it turned out well, all things considered,” Mayor Troy Walker said. (Courtesy Draper City)
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