Treasure rights affirmed
April 23, 2009
The Treasure special counsel on Wednesday night indicated the Sweeney family’s longstanding rights to the development remain intact, a crucial opinion that allows the Sweeneys to press forward with the disputed project.
Attorney Jody Burnett, hired by City Hall to comb through Treasure files dating back to the 1980s, delivered the favorable opinion on the project to the Park City Planning Commission. The panel had requested an outside attorney review whether the original Treasure approval remains in effect and the amount of development that it allows if it does.
In his four-page memo, Burnett says the Sweeneys have set aside open space as part of the original approval and have since built trails. He says "one would be hard pressed to argue that they have not proceeded with reasonable diligence . . ."
The Sweeneys say they have also built smaller parts of the original Treasure approval, including what became the Caledonian.
The Planning Commission, meanwhile, listened to nine critics of the project during a hearing lasting just less than 40 minutes. The speakers indicated the neighborhood cannot handle the traffic Treasure is expected to attract, an ongoing complaint.