UT- Fight over sex-offender facility heading to court

11-3-2008 Utah:

PLEASANT GROVE — A company that wants to operate a treatment facility here for young sex offenders appears poised to take its battle to court.

After canceling a scheduled Board of Adjustments meeting in late October, Alliance Youth Services is apparently moving forward with an appeal of earlier decisions that would have barred the company from operating the facility in a Pleasant Grove neighborhood.

The appeal of earlier decisions by the Planning Commission and Board of Adjustments will likely be settled by a judge.

"I have been informed over the phone by their attorney that they will be bringing this issue to district court," Pleasant Grove City Attorney Tina Petersen said. "I would expect to see their papers in the mail within the coming days."

In August, Alliance Youth Services sought a conditional-use permit from the Planning Commission to house young sex offenders near 500 South and 300 East. After considering the issue, the commission denied the request based on its feeling that the plan interfered with the health, safety and general welfare of the community it surrounded. Alliance appealed to the Board of Adjustments, which found merit in the company's complaint regarding how the decision was reached.

The board suggested the issue go back before the commission, which could either approve or deny the permit, based on factual evidence and not just feelings. The Board of Adjustments was informed, however, that it should be making the decision and the group was set to do so on Oct. 16, when Alliance asked that the meeting be canceled.
At that time, city officials were unsure whether the company would want to pursue the issue any further. That was until they were recently notified of Alliance's intent to appeal the issue in court.

"They went to the Planning Commission, who denied their application for a permit to run this facility," Petersen said. "They are of the opinion that the permit was wrongly denied."

Residents who live in the area turned out in abundance to protest the possibility of such a facility being located in their neighborhood. At a City Council meeting earlier this month, residents presented the council with a large stack of signed petitions and voiced their concerns to their elected officials, while others stayed in front of City Hall protesting and gathering more signatures.

Attempts to contact Alliance Youth Services and its attorney have been unsuccessful. ..News Source.. by Ethan Thomas