Mapleton residents will not be allowed a referendum vote on the rezoning of Wendell Gibby's property on Maple Mountain, at least for now.

Mapleton Mayor Laurel Brady said a 4th District judge ruled Friday that the rezoning of the property was not a referable action. The decision will be finalized in roughly 20 days, she said, after all parties have had a chance to comment.

"Ding dong, the suit is dead, I guess," Gibby said.

The decision ends one of many court battles that have slowed progress on the property, but it may not end the fight altogether.

Friends of Maple Mountain, a group opposing Gibby's development of the property, gathered signatures for a referendum vote after Gibby was granted a planned development zone on his property. In order to stop the city from working with Gibby before a vote was taken, the group filed a restraining order against the city.

A judge was asked to determine whether the group had enough signatures and whether the action was administrative or legislative. The action was ruled administrative, which is not subject to a referendum.

Anthony Schofield, attorney for Friends of Maple Mountain, said the group was deeply disappointed with the judge's decision. Although the judge agreed the group had enough signatures, he ruled against them on the criteria for a referendum.

"There is a significant possibility there will be an appeal," Schofield said. "We simply haven't decided yet."

Gibby said there may be a chance for an appeal, but he does not believe Friends of Maple Mountain will have much success. The judge looked at a similar case that determines criteria for a referendum, and the measure was defeated. Two of the criteria were not even addressed by the judge, and Gibby said those points could defeat an appeal as well. The process has also been very expensive, and would be even more so in the future.

"Whether they appeal or not, I'm not too concerned, because I don't think they'll win," Gibby said.

Although the restraining order case has been decided, Gibby was scheduled to reopen negotiations for a memorandum of understanding (MOU) at Wednesday night's city council meeting. By 9 p.m. Wednesday, that discussion had not begun.

Mapleton city and Gibby previously had an MOU detailing several agreements between the parties, in which Gibby agreed to build only 47 homes on his lot instead of 100.

Gibby said Wednesday afternoon the agreement expired some time ago and the city has not kept up its side of the bargain, so a new deal needs to be set. Costs associated with the delay have exceeded $300,000, for which Gibby said the city should be responsible.

"I explained to them very carefully that if they didn't meet the deadline, then the costs would go up, because my costs have gone up," he said.

The city has fallen back on its agreement to change the property's zoning by last August, and a grading permit given to Gibby was revoked. Although the city initially approved a zone change, the change was placed in limbo by the restraining order obtained by Friends of Maple Mountain.

Gibby said he initially agreed to the MOU because he thought the city might win if the issue was brought to court. However, different cases in the state since then have had rulings that may favor Gibby.

"The landscape has changed in the last year, and I do believe we will prevail if it has to go to court," he said.

Although Gibby has requested changes to the MOU, he said the mayor and city council have made a good effort to follow the MOU. Most city officials have worked with Gibby, but other elements in the city have worked against the MOU.

"I don't have any ill feelings towards them," he said. "It's just business."