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Council withdraws disputed parcel from May tax sale amid active divorce litigation

May 03, 2023 | Summit County Council, Summit County Commission and Boards, Summit County, Utah


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Council withdraws disputed parcel from May tax sale amid active divorce litigation
The council reviewed a deferment/withdrawal request for parcel KH‑AE‑18, lodged by a party who said the property is entangled in divorce litigation and other competing claims. County staff reported the owner on record had not responded to county notices and that the file contained lis pendens and related filings.

Attorney Asa Kelly, representing the appellant, summarized the divorce proceedings and a separate civil claim; he said a trial and a contempt motion had been heard and that the matter remained unresolved. Council members expressed concern about selling property while litigation is active and about the risk that a forced tax sale could undercut a fair adjudication of equitable interests. Several members urged caution and recommended postponing the sale to let the courts finish relevant proceedings.

By motion the council withdrew the parcel from the upcoming May tax sale (to be revisited if litigation does not resolve), while preserving the county’s lien and collection rights. Staff noted any party may still pay the outstanding taxes and that withdrawing the parcel keeps the county’s options open without prejudicing future collection.

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