The Utah Supreme Court issued its first opinion of 2026 in *Van Dusen v. Wasatch County*, a complex land-use dispute involving The Church of Jesus Christ of Latter-day Saints' construction of an 88,000 square-foot temple in Heber Valley, Utah. The case, designated as 2026 UT 1, was filed Feb. 5 after oral arguments were heard Dec. 8, 2025.
The dispute began when the Church announced plans to build the large temple facility in Heber Valley and Wasatch County approved the project. A group of nearby residents, including Bruce Van Dusen, Bruce Quade, Shawn Savarino, and Dominic Savarino, filed suit challenging the county's approval. The residents alleged that the temple project violated local land-use regulations and state law.
The case originated in the Fourth District Court in Wasatch County before Judge Jennifer A. Mabey, where it was assigned case number 230500146. The district court rejected the residents' claims and dismissed their case, prompting them to appeal to the Utah Supreme Court.
According to the court records, construction on the temple began shortly after the Church prevailed in the district court proceedings. The timing of the construction start relative to the ongoing appeals process appears to have added complexity to the litigation.
The case involved cross-appeals, indicating that multiple parties sought review of different aspects of the district court's ruling. Van Dusen and his fellow residents served as both appellants and cross-appellees, while Wasatch County acted as both appellee and cross-appellant. The Church participated as an appellee in the proceedings.
Justice Petersen authored the Supreme Court's opinion, joined by Justice Hagen, Justice Nielsen, Court of Appeals Judge David N. Mortensen, and District Court Judge Camille L. Neider. Notably, Chief Justice Durrant and Associate Chief Justice Pohlman recused themselves from the case and did not participate in the decision. The recusals required the court to seat visiting judges to maintain a full panel.
The legal representation in the case included multiple law firms and attorneys. Robert E. Mansfield, Megan E. Garrett, and Michael W. Combs from Salt Lake City represented the resident appellants and cross-appellees. Scott H. Sweat and Jonathan B. Woodward from Heber City represented Wasatch County as appellee and cross-appellant. The Church was represented by a team including David J. Jordan, David L. Mortensen, Tanner B. Camp, Justin W. Starr, and Christopher A. Bates, all from Salt Lake City.
The case represents a significant land-use dispute that pitted religious construction rights against local zoning concerns and resident objections. Such disputes often involve complex balancing of religious freedom protections, local zoning authority, and property rights of neighboring landowners.
Temple construction projects by the Church of Jesus Christ of Latter-day Saints frequently generate local attention and occasionally legal challenges, particularly when they involve large facilities in residential or mixed-use areas. The 88,000 square-foot size of the proposed Heber Valley temple made it a substantial development for the area.
Wasatch County, located in north-central Utah, includes popular recreational areas and has experienced significant growth and development pressures in recent years. Heber Valley, in particular, has seen increased residential and commercial development, making land-use decisions increasingly important for local officials.
The Supreme Court's decision in this case could have implications for future religious construction projects and local government approval processes throughout Utah. The ruling may clarify the balance between religious institutions' construction rights and local zoning authority.
The case also highlights the procedural complexities that can arise in multi-party land-use disputes, including the use of cross-appeals when different parties seek review of different aspects of a lower court's ruling. The recusal of two Supreme Court justices demonstrates the potential for conflicts of interest in high-profile cases involving prominent institutions.
As the first opinion issued by the Utah Supreme Court in 2026, *Van Dusen v. Wasatch County* sets an early precedent for the court's approach to complex land-use and religious freedom issues in the new year. The case's resolution will likely be closely watched by local governments, religious institutions, and property rights advocates throughout the state.
The full text of the opinion remains subject to revision before final publication in the Pacific Reporter, as noted in the court's preliminary filing. This standard disclaimer allows for minor corrections or clarifications before the opinion becomes part of the permanent legal record.