The Utah Supreme Court ruled July 2, 2026, that the proposed town of West Hills will appear on the November 2026 general election ballot, reversing a lower court decision that had previously blocked the incorporation effort. The high court's decision settles a legal battle over whether certain landowners should have been permitted to opt out of the new town's boundaries.
Supreme Court Reverses Lower Ruling
The ruling by the state's highest court provides a path forward for West Hills, a proposed municipality located in Summit County between Hideout and Kamas. By reversing the previous decision, the justices have cleared the final legal hurdle required to place the incorporation proposal before voters this coming November.
This judicial outcome concludes a period of significant litigation following a much earlier ruling by a 3rd District judge. In October 2025, that lower court judge had sided with a group of landowners who challenged the town's boundary revisions. The Supreme Court justices disagreed with that assessment, ultimately deciding that the state law requires a definitive cutoff point for boundary adjustments.
Legal Arguments Over Boundaries
The central conflict in the case involved landowners who were included in the West Hills boundaries after the window to request exclusion had closed. This group, represented by attorney Janet Conway, argued that the process was illegal because it allowed some individuals to request exclusion while denying others the same opportunity.
In its July 2 decision, the Utah Supreme Court addressed the necessity of such deadlines. The justices noted that while a time-based cutoff might be seen as inherently arbitrary, it is not unreasonable under the law. The court emphasized that establishing a clear deadline is vital to provide both sponsors and opponents of the incorporation with the certainty and time needed to prepare for an upcoming election.
Judicial Reasoning and Reactions
The justices further defended the legality of the process by stating that the election itself serves as the ultimate safeguard for the community. They argued that because the residents within the proposed boundaries will ultimately decide the outcome at the polls, the integrity of the incorporation process remains intact.
Derek Anderson, a real estate attorney and the primary sponsor of the West Hills incorporation, expressed strong support for the high court's decision. In a statement following the ruling, Anderson characterized the verdict as a victory for individual property rights, self-governance, and regular landowners.
History of Incorporation Efforts
The push to create West Hills has been an ongoing effort for several years. The initial paperwork for the proposed town was filed by Anderson in April 2023. Since that time, the project has undergone a complex series of public hearings, changes to proposed boundaries, and various court challenges.
However, the legal victory for the West Hills sponsors was met with continued resistance from opposing landowners. Janet Conway, the attorney representing the group of landowners challenging the incorporation, stated that her clients are disappointed with the Supreme Court's decision. Conway indicated that the group is currently evaluating their legal options and potential next steps following the reversal.
Path to Incorporation
With the court's decision now finalized, the focus shifts to the November 2026 election. For West Hills to officially incorporate as a new town, the proposal must secure a majority of the votes from the residents living within the proposed municipal boundaries.
