1 / 4

Utah Lake pictured from Finger Jetty Road in Utah Lake State Park on Monday, Jan. 17, 2022.

Ashtyn Asay, Daily Herald file photo

2 / 4

Utah Lake is pictured from Utah Lake State Park on Monday, April 25, 2022.

Ashtyn Asay, Daily Herald file photo

3 / 4

A rendering of one of the proposed community islands in the Utah Lake Restoration Project, provided on March 17, 2022.

Courtesy Lake Restoration Solutions

4 / 4

Ben Abbott, left, and Gabriella Lawson, right, lead a discussion about the ecology of Utah Lake on Saturday, Dec. 11, 2021.

Harrison Epstein, Daily Herald

❮ ❯

The fight to build human-made islands in Utah Lake is, at least for the time being, over.

Jon Benson, president and chief operation officer of Lake Restoration Solutions LLC, submitted a Notice of Dissolution to the 3rd District Court in Salt Lake City on Tuesday, saying the company “no longer exists as a functioning entity.” In the letter, addressed to Judge Laura Scott, Benson says there are three reasons the company is being dissolved — a lack of financial resources to operate, a lack of cash to satisfy debt obligations and an inability to secure new funding sources.

According to the letter, the dissolution was effective as of Monday and comes with a request to “formally dissolve Case No. 220900164 and dismiss all associated proceedings.”

The case cited by Jon Benson is a defamation lawsuit filed by the company in January 2022 against Ben Abbott, a Brigham Young University professor and critic of LRS’ proposal. Abbott in June 2022 filed an anti-SLAPP motion, arguing the lawsuit was a tactic to intimidate him into silence.

While the letter seeks to end the lawsuit — Benson told the Daily Herald they are still waiting on confirmation from the court — Abbott said it would not resolve his counterclaim.

The dissolution also comes weeks after LRS’ legal counsel withdrew from the case on May 23 and just days before a conference was scheduled between the two parties. On April 12, the court awarded $174,347.50 in attorney’s fees to Abbott from LRS.

“The judge ruled months ago that they had to pay attorneys fees and that they likely would have to pay personal damages to me, which they have avoided paying,” Abbott said. “It was not at all a surprise that they dissolved, but it’s also unclear whether this is the real end.”

The request by LRS to “dismiss all associated proceedings” would, presumably, include the company’s ongoing lawsuit against the Utah Division of Forestry, Fire and State Lands. The division canceled the company’s proposal because it would “impede navigation and permanently transfer sovereign lands to private parties, violating the public trust.”

Arguments were heard in Utah’s 4th District in the case as recently as May 30, according to other reporting.

The dissolution garnered a swath of reactions from those connected to the plans and legal proceedings. Abbott said it was partially vindicating to his arguments that, as an LLC, Lake Restoration Solutions could dissolve and leave at any time.

“I really hope that we learned a lot from it and can get back to serious restoration work,” Abbott said. “Thankfully, (the dissolution) happened before they began any construction on the lake, because imagine if we had thousands or tens of thousands of acres to clean up.”

Conserve Utah Valley, an environmental awareness group focused on Utah County and Utah Lake, echoed Abbott’s feelings in a statement that the group was “relieved that the dissolution occurred before permanent damage to the lake was done.”

While this particular proposal and plan — for LRS to dredge Utah Lake and build a series of human-made islands — is done, the possibility remains for another company or entity to attempt it in the future. While Abbott told the Daily Herald the dissolution of LRS allows for “serious restoration work” to continue, Benson stands behind the foundation of his company’s plan.

“We still stand behind the proposal for dredging and land creation as the best restoration and enhancement methodologies, but Lake Restoration Solutions is no longer able to pursue the proposal,” he said in an email to the Daily Herald.

For Abbott and CUV, the focus will continue with a focus on the legislation allowing the company to attempt its proposal in the first place, the Utah Lake Restoration Act of 2018.

The original bill was first sponsored by a pair of Spanish Fork legislators, then-Rep. Mike McKell and then-Sen. Deidre Henderson. Henderson is now the lieutenant governor and McKell replaced her in the Utah Senate. It also received the support of all Utah County legislators in the Utah House and Senate aside from then-Rep. Keith Grover, who was not present, and Rep. Keven Stratton, who voted against the bill.

“We hope that all elected officials and the people of Utah can reflect on how to strengthen our society to ensure wise stewardship of the irreplaceable ecosystems that are our home. We hope that those who supported the island project will come to the table and help move in a better direction,” CUV said in a statement.

Abbott added that he doesn’t have any blame for people who supported the project in the past, but said he feels there is room for improved transparency, decision making and “integrity of government” in the future.

Newsletter