Save Wasatch Back Dark Skies remains persistent in its fight against the Heber Valley Temple in the wake of the Wasatch County Council’s approval of plans to build it.

Instead of echoing legal concerns about zoning and the legislative development agreement raised in public hearings, however, the group’s litigation remains focused on the process used when the county passed an amended dark skies code. And the group has signaled its intent to gather signatures for a referendum.

On Tuesday, the group’s legal counsel — Ray Quinney and Nebeker P.C. — amended a legal motion made against the county. The original motion filed earlier this year accused the county of breaking Utah’s open-records laws.

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The proposed amendment doesn’t include anything about the temple’s passage, but rather focuses on the county’s response to the original lawsuit.

During a hearing to dismiss on Oct. 10, the document states, the county “made assertions that the law firm and the people that are part of this coalition against the ordinance have seemed to be focused on the temple,” and “reasserted its narrative that this dispute is one of those who support the temple and those who oppose the temple.

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“The County has also indicated that it may have deployed a religious test by releasing public information to those the County believes might favor a religious project,” the amendment states, “while withholding it from members of the public whom the County believes might disfavor a religious project.”

In the amended complaint, the group wants the court to reverse the dark skies code, declare that the county broke open-records law, and declare that the county violated the U.S. and state constitutions.

Wasatch County Deputy Attorney Jon Woodard said he has very limited ability to talk about the pending litigation.

“The county has not determined how it will respond to the motion,” he said. 

The Dark Skies group would face further hurdles even if the court accepted their amendment and ruled with them.

Part of the temple’s already-passed legislative agreement with the county stated that the structure’s lighting would continue as planned regardless of the result of any pending litigation, meaning even if the dark skies code amendments were reversed, the temple still could be an exception to the county rules.

A Nov. 8 letter sent to the county by law firm Mitchell Barlow and Mansfield stated that if the county approved the temple plans, “The Council’s actions will be challenged before a court and will be the subject of judicial review.”

Mansfield said while there isn’t any pending litigation, he is preparing to file a lawsuit.

Lisa Bahash, a member of Save Wasatch Back Dark Skies who has been very involved throughout the temple project process, said she also isn’t aware of any other plans to file lawsuits against the county over the temple plans’ passage.

A recently filed attempt to for a referendum, however, could leave the agreement up to voters.

Bahash said she and several others filed the referendum with the county Wednesday, and though she is not sure how many signatures the group will need to gather in order to take the issue out of the hands of the council and leave it up to voters, she estimates it will be around 3,250, and said that Utah law requires a certain number of signatures come from different areas of the county. The county, she said, will get back to her with the specifics after they have configured them.

She still does not believe the county acted in good faith throughout the several public processes that led to the temple project’s approval on Nov. 8.

“The first question the county has to ask is does a temple fit the county definition for a public church or, as we contend, a limited public partnership,” she said. “It’s not open to the public, it’s not used for regular church services which we believe is the intention behind the church definition. … If it doesn’t and it’s a limited club partnership, then it would not be allowed to go in that location.”

When it does come time for signatures to be gathered, Bahash said signing events will likely be organized and advertised on social media as well as in email groups.