Sue and be sued -- both possible as River Heights faces zoning, de-annexation
By Nancy Heiner
RIVER HEIGHTS -- The city is on two different ends of two potential lawsuits.
If the City Council goes through with a change in zoning, Don Fisher says he'll sue, and if Jim Lundhal proceeds with a de-annexation, River Heights may sue.
The council voted unanimously to zone duplexes out of Windsor Drive and the Lamplighter Subdivision at its Oct. 26 meeting.
The change was recommended by the Planning and Zoning Commission. A public hearing is still needed to make it legal, but council member Noel Cooley said public opinion is overwhelmingly for the change.
Not everyone is happy, though. Cooley said Don Fisher has threatened to sue the city. Fisher bought a lot on Windsor before the change, and said at a previous meeting that he was planning to build a duplex on it.
The issue is being considered because the current zoning, made in 1983, seems to the council to have an error in it. It is zoned R-2-10, meaning that two-unit dwellings can be built on lots of 10,000 feet. None of the lots in the area is that big.
If the council's decision is finalized, the zoning will be R-1-8000, which allows single family dwellings on lots of 8,000 feet or greater.
The other potential lawsuit involves Jim Lundahl.
Lundahl is trying to disconnect Riverdale (a piece of River Heights land he owns) and get annexed into Providence. The River Heights City Council has decided to fight the action, and River Heights' attorney, Scott Barrett, filed a request for a court hearing.
Cooley said he is willing to negotiate without going to court if possible.
In other business, Cache County Deputy Sheriff Bill Nyberg came to
the council meeting to discuss crime in River Heights. He said there
is no area of River Heights that stands out with a disproportionate
amount of crime. He also emphasized that residents should call the Sheriff's
Office when they see something suspicious or illegal.