Ogden Sierra Club

Lawsuit vs. Ogden City to obtain records related to the gondola project

The Sierra Club is committed to open government and to keeping the public informed of government actions and proposals that affect our environment. Accordingly, we have made every effort to obtain and release government documents that pertain to Ogden City's proposal to sell and develop foothill open space, facilitate the development of a resort in Malan's Basin, and build two aerial gondolas to serve these developments. At present, we are in litigation with Ogden City over the status of numerous documents that the city has refused to disclose. Here is a partial chronology of this dispute:

• 26 June 2007: Sierra Club files first GRAMA request, seeking records pertaining to gondola-related studies and communications between Ogden City and UTA.
• 25 July 2007: Ogden City provides numerous records in response to the first request, but withholds an undisclosed number of other records. Sierra Club files second GRAMA request, seeking records of communication between Ogden City and Chris Peterson.
• 25 August 2007: Sierra Club appeals the partial denial of its first GRAMA request.
• 14 September 2007: Ogden City provides some records in response to the second request, but withholds an undisclosed number of other records.
• 17 September 2007: Sierra Club appeals the partial denial of its second GRAMA request.
• 27 September 2007: First appeal hearing before the city's Records Review Board. Appeal is denied a few days later.
• 12 October 2007: Second appeal hearing before the city's Records Review Board. Appeal is denied a few days later.
• 30 October 2007: Sierra Club files a complaint in Utah's Second Judicial District Court, seeking judicial review of both GRAMA denials.
• 4 April 2008: After reaching an impasse in informal negotiations with Ogden City's attorneys, Sierra Club files a motion asking the court to compel the city to provide a detailed index of the withheld records.
• 2 October 2008: Judge W. Brent West grants the Sierra Club's motion and signs an Order requiring Ogden City to provide the Sierra Club with a detailed index of the withheld records.
• 24 October 2008: Under order from the court, Ogden City provides an index of 41 withheld records.
• 3 February 2009: Pursuant to a partial settlement agreement, Ogden City voluntarily releases 11 of the withheld records.
• 18 February 2009: After reaching another impasse in informal negotiations with Ogden City's attorneys, Sierra Club files a motion asking the court to compel the city to disclose the status of 8 records and record groups that were neither provided to the Sierra Club nor listed in its index.
• 11 June 2009: Judge W. Brent West grants the Sierra Club's motion and signs an Order requiring Ogden City to disclose the status of 8 records and record groups that were neither provided to the Sierra Club nor listed in its index.
• 20 July 209: Under order from the court, Ogden City attempts to explain the status of the missing records. A few records are found and provided to the Sierra Club, while five others are found but withheld. Still others apparently cannot be found.
• 7 October 2009: After further negotiations, Ogden City voluntarily releases 9 more of the withheld records.
• 16 February 2010: After Ogden refuses to agree to answer a set of interrogatories, the Sierra Club files a motion asking the Court to compel Ogden to answer.
• 18 October 2010: Judge W. Brent West grants the Sierra Club's motion and orders Ogden to answer the Sierra Club's interrogatories.

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Last modified 24 October 2010