Attorney: Order prohibits removal of any UEP property
 
By Patrice St. Germain
patrices@thespectrum.com
 
Attorney Jeffrey Shields is hoping that a court-issued temporary restraining order sends a clear message to anyone contemplating removing buildings, equipment or fixtures from United Effort Plan property: Don't.

The temporary restraining order issued by the 3rd District Court in Salt Lake City on Friday clearly states that no one is entitled to remove any property from UEP land unless permitted by Bruce Wisan, special fiduciary of the UEP, or by order of the court.

Now with the order in place, those who remove or aid in the removal of property - which includes buildings, fixtures and heating, cooling, electrical, sewer and plumbing components - face contempt of court charges. "Now, with the court order, you take nothing," said Shields, an attorney for Wisan. "Before people were just taking it. This way, the police don't have to make a determination (of who owns the property).

Last May, a judge temporarily removed the UEP trustees - which included FLDS leader Warren Jeffs, Leroy Jeffs, Winston Blackmore, James Zitting, Truman Barlow and William E. Jessop, also known as William E. Timpson - from their duties over the trust, which is the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, whose followers primarily live in Hildale and Colorado City.

From the time the trustees were removed, buildings and fixtures from buildings on land owned by the UEP began disappearing, including an 18,000-square-foot building that was dismantled and moved over a period of a few days. Another building, fixtures from what was known as the potato cellar building, irrigation pivots and, more recently, a grain elevator system also have been removed from UEP property.

Shields, an attorney with the Salt Lake law firm of Callister, Nebeker and McCullough, said under the original intent of the UEP, all buildings and fixtures on UEP property belong to the UEP. Shields said the law supports that, as does the trust agreement.

"That was the FLDS position until it lost control of the trust," Shields said.

Wisan deemed the court action necessary after the latest removal of property: Over the New Year weekend, the grain elevator system was taken from the Four Square Dairy.

When Wisan became aware of the situation, he contacted the Colorado City Marshall's office, which operates in both Colorado City and Hildale, about halting the removal process.

After speaking to Police Chief Fred Barlow, Wisan understood that the situation was under control and the property would be guarded by police. But some time in the early morning hours of Jan. 2, the property was taken down and removed.

In a court document, Wisan stated that the police in the twin cities have been completely unwilling to intervene and stop removal of property.

Shields said there may be circumstances in which property may be owned by an individual who has the right to remove the property. Under the proposed injunction, disputes surrounding the ownership of affixed property will be resolved according to the rule of law in open court after notice and hearing.

In order to ensure all residents are informed of the order, Shields said a legal notice was published in the paper, notices were being posted around Hildale and Colorado City and copies of the order were sent to all post office boxes in Hildale and Colorado City.

Both Mohave and Washington counties were also informed of the order, Shields said.

Now with the temporary restraining order in place, the fiduciary intends to give notice of the present motion and give all interested parties the opportunity to be heard at the preliminary injunction hearing, which will take place Wednesday at 1:30 p.m.

At that time, the court will have an evidentiary hearing to consider whether to convert the temporary restraining order into a preliminary injunction.

Attempts to reach Colorado City Police Chief Fred Barlow were unsuccessful.
 
TheSpectrum.com
Originally published January 28, 2006
 
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