Three couples are suing North Ogden over its plan to build a multi-million dollar commercial performing arts complex at the park across the street from their homes, arguing the venue breaches the original landowner’s terms of sale.
When Ray and Fern Barker sold their property to North Ogden in 2000, city officials agreed to the stipulation that the land must become a public park, specifically a “traditional type city park” that is open to the public, according to court documents filed Tuesday in Utah’s 2nd District Court.
The couples who are suing — Aaron and Kim Christensen, Sean and Stefanie Casey and Steven and Corrie Beverly — argue the amphitheater would “dramatically and fundamentally alter the nature and character of the park” because fences around the amphitheater effectively make the land private, according to the lawsuit.