Park Meadows resident Bob Theobald claims his neighbors have violated long-standing zoning regulations on their property surrounded by wetlands.
Theobald is suing the homeowners and the Park City government in Third District Court, claiming the city failed to enforce building restrictions on their land.
Theobald also claims his neighbors changed the community’s HOA rules, also known as covenants, conditions and restrictions, or CC&Rs, to cover up the alleged violations.
“They’re planting a 600-foot wall of trees to block the view from their neighbors,” Theobald said. “The city’s attorneys in the case simply misrepresented the facts and misquoted regulations and definitions.”
The neighbors and Park City have repeatedly denied Theobald’s claims, arguing that recent changes to the property were properly approved and complied with local regulations. In court, their attorneys have asked that his lawsuit be dismissed.
The property is owned by Gerry and Sarah Hall, chairmen of the Park City Planning Commission.
Gerry Hall had previously told KPCW that Theobald was launching a “tirade of conspiracy theories.”
In a response to her motion to dismiss, Theobald asked the judge to affirm his finding of violations. He also asked that the City Council take a closer look at the rules governing the property because the city’s legal and planning departments had not carefully reviewed the case.
Theobald, who has experience in land use, dropped a separate lawsuit against the city, the Halls and their HOA after an opinion from the state real estate ombudsman found that Theobald lacked standing to challenge prior land use approvals.
Park City’s lawyers also argue that Theobald lacks standing in the pending case.
In a statement, a city spokesman said the results of Theobald’s “repeated claims, including the Ombudsman’s findings, speak for themselves.”
The legal team representing Park City and the Halls now has an opportunity to respond to Theobald’s new motion, which he filed last week.
