If you feel like you recognized the name of ‘Our New Neighbor’ creator Mark Savee, it might be because Savee is one of the “Virgin Three” currently being sued by Zion Sunset Resort.
Excerpt from last Sunday’s article, “Zion Sunset Resort sues ‘Virgin Three’ over rezoning issue” by Dan Mabbutt:
The “Virgin Three” are three residents of the small town of Virgin, Utah, near Zion National Park who were influential in disrupting the rezoning plans of developer Zion Sunset Resort for 56 acres of land near the center of town for an RV resort. These three residents—Linda Collet, Adele Pincock and Mark Savee—are now being sued by the owners of the Cedar City-based Zion Sunset Resort for damages.
The main issue at hand is the fact that Zion Sunset Resort wanted the Town to rezone the property rather than utilizing the parameters established by the town’s planning process. The “Virgin Three” were the primary proponents of a referendum that successfully defeated the plans of Zion Sunset Resort and the Virgin Town Council, who voted in favor of changing the zoning laws to accommodate the resort. So far, Zion Sunset Resort has lost at every decision point, but the issue is still far from decided. Now Zion Sunset Resort is suing the three residents for damages, and if the company wins, the zoning could be changed. The Virgin three and their allies regard the lawsuit as a SLAPP suit: A Strategic Lawsuit Against Public Participation.
In a long and complicated process, this is what has transpired to date:
- Zion Sunset Resort submitted a proposal to the Virgin Planning and Zoning Commission for a rezoning of the property to “Highway Resort Zone” from a residential zone. The Commission rejected the proposal. (The report of the Commission can be found here.)
- The Virgin Town Council voted 4 to 1 to disregard the Planning Commission’s rejection and approved the rezoning.
- Five citizens of Virgin formed an organization called Virgins Future and circulated a petition to hold a citizens referendum aimed at overturning the Council’s decision—an action fully in accordance with Utah law. They received signatures from over half of Virgin’s registered voters from the previous election. Only 35 percent of voter signatures were needed.
- A referendum was held and passed by a 132 -116 majority in a special election, overruling the Town Council and reversing the rezoning.
- Zion Sunset Resort sued both the Town of Virgin and three of the five referendum sponsors. The town was sued to invalidate the referendum. The Virgin Three were sued for damages.
- Zion Sunset Resort lost on two of three issues in the first lawsuit against the Town of Virgin and the zone change approval was reversed.
The Virgin Three are now fighting for their own future because Zion Sunset Resort’s pending lawsuit could have a devastating financial impact, regardless who triumphs in court.
Click here to continue reading “Zion Sunset Resort sues ‘Virgin Three’ over rezoning issue.”
