May 05, 2026
An attorney connected to the proposed West Hills township is suing the Summit County government for allegedly refusing to release public records that may show county officials were coordinating an “opposition” to the incorporation in emails and text messages. Paul Anderson, a partner of the Kimball Anderson Law Firm who has consistently represented West Hills and its town sponsor in legal proceedings, filed the lawsuit in Third District Court last week. The complaint centered on a request Anderson made to the Summit County government under the Government Records Access and Management Act on Aug. 11, 2025, in which Anderson asked for emails, text messages, recordings, photographs and “any other form of correspondence or documentation” about the West Hills incorporation in county communications. “The West Hills incorporation matter attracted prominent local media coverage and sustained public scrutiny throughout 2024-25, making GRAMA records accessible in this matter particularly consequential for public oversight,” the lawsuit said. The filing pointed out previous conflicts between the town sponsor and the Summit County government, as well as the City of Kamas. Specifically, the complaint mentioned a state law prohibiting municipalities and counties from “the use of email … to advocate for or against an initiative,” adding that “internal and external communications” from both governments suggest “opposition coordination.” Anderson provided search terms for the county to use to fulfill his public records request, which appears to be an attempt to obtain emails and text messages that may demonstrate a planned response to the West Hills incorporation, in violation of state law. Examples of Anderson’s search terms include “Kamas City Council,” “Kamas Valley Preservation Association” and “Eastern Summit County Planning Commission.” He also listed the names of specific individuals who have opposed West Hills, such as Kamas Valley Preservation Association members Lindy Sternlight and Jeramy Bristol, and Kamas Mayor Matt McCormick. County officials on Aug. 25 told Anderson that the search was too unwieldy and produced more than 11.5 million emails, “with tens of thousands of responsive hits on core terms,” according to court documents.  Anderson refined his search terms, but the county said it “would need more time to review and redact responsive records.” The county then allegedly postponed the completion date for Anderson’s request at least four times, the complaint said. The county reportedly still had not produced the records by Oct. 1, 2025, which spurred Anderson to submit a second request asking for all communications involving former Summit County Clerk Eve Furse and the West Hills incorporation in the lead-up to the November election. Anderson’s requests were eventually fulfilled on Dec. 16, 2025, more than a month after Election Day, but the 138 documents provided to the attorney were “nearly all public or (Anderson’s) own communications, with virtually no internal emails from key officials or primary opponents,” the complaint said. The document also claimed some records were omitted, which Anderson said he was confident in alleging because of firsthand knowledge of those materials. “For example, (town sponsor) Derek Anderson secured permits to build two cabins and two guest houses in Summit County only a few years ago,” the complaint said. “During that process, he was assigned two new property addresses. Those addresses were included in the search terms. … Derek Anderson has received hundreds of emails during that construction process and therefore has direct personal knowledge that the production is materially incomplete because none of these hundreds of emails were produced by Summit County.” The complaint additionally mentioned the two properties failed inspections “more than 200 times” and claimed construction workers “speculated that no other builder had ever been failed this many times, indicating the possibility that Summit County was targeting Derek Anderson” because of his connection to West Hills. “The requested communications, which were not produced, may expose a bias and/or retaliation against Derek Anderson by Summit County,” the lawsuit said. The attorney submitted an appeal to County Manager Shayne Scott in December, followed by a second appeal to the Government Records Office in late January. Both appeals were denied, with the Government Records Office saying the first request in August was not “reasonably specific.” However, Anderson argued in court filings that the revised search terms he sent the county on Aug. 29 narrowed the scope enough to make it a viable request, adding that the county had not mentioned the “reasonably specific” requirement in its initial denial. As a result, Anderson claimed the county had waived the specificity requirement and could not use that as a reason to continue withholding the records. “The (court) record shows concerns about neutrality and coordinated opposition, with evidence of government officials using private accounts for official business to circumvent restrictions in the Political Activities of Public Entities Act,” the lawsuit said, claiming public interest in the West Hills incorporation likely outweighs Summit County’s interest in protecting and redacting records. State law requires an agency that denies a public records request to include descriptions of unreleased records if any are identified as fitting the search criteria but are not fit for release under the Government Records Access and Management Act. Anderson alleged that Summit County not only refused to release records but also failed to provide an accurate list of descriptions, which the attorney typically would have used to help guide his appeal. “The County does not sufficiently describe what has been withheld, who the authors are, the topic of the messages withheld, etc. This makes it impossible for (Anderson) to evaluate the merit of the County’s withholdings,” the lawsuit said. “Embarrassment or potential liability is not a valid basis to withhold records. The County bears the burden to prove exemptions and provide adequate descriptions for the requestor to review.” The lawsuit concluded by asking Third District Judge Richard Mrazik to order a release of all records except those he deems are “subject to legally justified exemptions,” in addition to compelling the county to release a “more fulsome description” of any withheld documents and granting attorney fees. A Summit County spokesperson declined to comment on the complaint, citing ongoing litigation. The post West Hills attorney sues Summit County over denied public records request appeared first on Park Record. ...read more read less
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