The Order of the Court is stated below:

Dated: August 04, 2020 /s/ JENNIFER A BROWN

11:22:26 AM District Court Judge

MARGARET H. OLSON (Bar No. 6296)

Summit County Attorney
DAVID L. THOMAS (Bar No. 7106)
Chief Civil Deputy County Attorney
JAMI R. BRACKIN (Bar No. 8753)
Deputy County Attorney
SUMMIT COUNTY ATTORNEY’S OFFICE
60 N. Main Street, P.O. Box 128
Coalville, Utah 84017
Telephone: 435-336-3206
Fax: 435-336-3287
molson@summitcounty.org
dthomas@summitcounty.org
jbrackin@summitcounty.org

Attorneys for Plaintiff

____________________________________________________________________________

IN THE FOURTH JUDICIAL DISTRICT COURT

IN AND FOR WASATCH COUNTY, STATE OF UTAH
______________________________________________________________________________

:
SUMMIT COUNTY, a political subdivision of : MODIFIED BY THE COURT
the State of Utah, :
: ORDER ON MOTION FOR EXPEDITED
Plaintiff and Petitioner, : ISSUANCE OF TEMPORARY
v. : RESTRAINING ORDER
:
TOWN OF HIDEOUT, a municipal corporation :
of the State of Utah, : Civil No. 200500072
:
Defendant and Respondent. : Judge Jennifer A. Brown
:
:
:
:

The ​Complaint & Petition for Declaratory & Injunctive Relief​ was filed with this Court

on Friday, July 31, 2020 by Plaintiff Summit County.

August 04, 2020 11:22 AM 1 of 4

 This ​Motion for Expedited Issuance of Temporary Restraining Order, Preliminary

Injunction and Memorandum of Points & Authorities in Support and Request for Expedited

Hearing​ was filed with this Court on Monday, August 3, 2020 by Plaintiff Summit County, who

moved the Court for a temporary restraining order against Defendant Town of Hideout. This

document constitutes that written order.

IT IS HEREBY ORDERED ​that SUMMIT COUNTY’S motion for a temporary

restraining order is GRANTED. The Court finds that Summit County’s reasoning merits a

favorable exercise of the Court’s discretion to preserve the ​status quo​ pending a final

determination of rights of the parties, consistent with sound equitable principles, taking into

account all facts and circumstances of the case. ​See​ ​Kasco Services Corp. v. Benson,​ 831 P.2d

86, 90 (Utah 1992). The Court is persuaded by Summit County’s arguments that: (1) Summit

County will suffer irreparable harm if the ​status quo​ is not maintained during the litigation; (2)

the threatened injury to Summit County outweighs the damage the proposed temporary

restraining order may cause Defendant Town of Hideout; (3) a temporary restraining order is in

the public interest and would not be adverse to the public interest; (4) if Summit County’s

statements, presented to this Court by officers of the Court with a duty of candor to the Court, are

factually accurate, then there is a substantial likelihood of success upon the merits.

Pursuant to Rule 65A(b)(3), a hearing is scheduled for August 17, 2020 at 9:00 a.m. to

determine whether the temporary restraining order should be dissolved, or converted to a

preliminary injunction. The hearing will be held via WebEx. All parties are instructed to

August 04, 2020 11:22 AM 2 of 4

 provide the court with an email address no less than 24 hours prior to the scheduled hearing

in order to receive an invitation with instructions for participating in the hearing.

---------------------------------------------------------------------------------------

ENTERED BY THE COURT EFFECTIVE AS OF THE DATE THE COURT’S STAMP IS AFFIXED
TO THE FIRST PAGE OF THIS DOCUMENT

August 04, 2020 11:22 AM 3 of 4

 CERTIFICATE OF SERVICE 
 
I hereby certify that a true and correct copy of the attached proposed ​ORDER ON ​MOTION

FOR EXPEDITED ISSUANCE OF TEMPORARY RESTRAINING ORDER AND

MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT AND REQUEST FOR

EXPEDITED HEARING​ before the Fourth District Court in and for Wasatch County, State of 

Utah, was served upon those listed below via Utah State Bar electronic filing system and/or via U.S. 

first class mail or email on the on the 3​rd​ day of August, 2020. 

Town of Hideout 
Allison Lutes 
10860 No. Hideout Trail 
Hideout, UT 84036 
alutes@hideoututah.gov 
 
Daniel C. Dansie 
York Howell & Guymon 
10610 S. Jordan Gateway, Suite 200 
South Jordan, Utah 84095 
dansie@yorkhowell.com 
 
 

Christa Hortin
 
 

August 04, 2020 11:22 AM 4 of 4