Mormon Church Sues Canadian Sect Leader Over Name Misappropriation

The Vancouver Sun and Reuters reported last week that the Church of Jesus Christ of Latter Day Saints (the mainline Mormon Church) has filed suit against Winston Blackmore, leader of a polygamous Mormon sect headquartered in Bountiful, British Columbia for misappropriation of the trademarked name, identity and reputation of the mainline Church.  Blackmore, who headed the Canadian branch of the FLDS until he was excommunicated by leader Warren Jeffs, founded his own sect with followers comprised mostly of his extended family in British Columbia, Idaho, Utah and Arizona, and initially incorporated it as the Fundamentalist Church of Jesus Christ of Latter Day Saints. However he changed it in 2010 to eliminate the word "Fundamentalist."  The mainline church discovered this in January when, after changing the form of its Canadian branch from an Alberta trust to a corporation, it tried to register its name in British Columbia and had its application rejected.  Its filings in the B.C. Supreme Court indicate that the confusion has led to diversion of contributions intended for the mainline Church.

Utah Supreme Court Refuses To Set Aside Default Judgment In FLDS Land Case

In Wisan v. City of Hildale, (UT Sup. Ct., June 17, 2014), the Utah Supreme Court, in the latest decision in the long running litigation over the Fundamentalist Church of Latter Day Saints United Effort Plan Trust, refused on procedural grounds to set aside a default judgment that had been entered against Hildale, Utah and the Twin City Water Authority.  The default judgment came in an attempt by the court-appointed trustee to subdivide the trust land in order to facilitate distribution of separate parcels that did not carry liability for neighbors' tax delinquencies.  The court held that the grounds asserted by defendants are not ones that can be raised in a direct appeal of a trial court's refusal to set aside a default judgment.

Hearing Discloses Developments In Reformation of FLDS Land Trust

On Friday, a Utah state trial court held a one-and-a-half hour hearing in the state's 9-year long effort to reform the United Effort Plan Trust.  The Trust holds property of the polygamous FLDS Church in the sect's twin towns of Hilldale, Utah and Colorado City, Ariz.  AP and Fox13 report that a number of developments were revealed at the hearing. Judge Denise Lindberg urged the court-appointed trustee to begin evicting residents who have been ignoring the $100-per month housing fee for as long as 7 years. Collectively over $4.18 million in back fees is owed. During the hearing, Utah Attorney General Sean Reyes urged the court to appoint a board to take over redistribution of the 750 homes owned by the Trust.  Judge Lindberg said that she has chosen seven people for the board, but will not set it up until fees are being paid so the trust will have a stable source of revenue, and until liability insurance can be obtained for board members. It was also announced that former-FLDS member Willie Jessop has agreed with the court-appointed trustee to cooperate with investigations and litigation in exchange for receiving land.  In yet another development, the Arizona Attorney General's office told the court that it plans to file papers today to dismantle the Hildale/ Colorado City Town Marshal’s Office.

Couple Awarded $5.3M For Lengthy Denial of Utilities By FLDS Church

Last Thursday, a jury in an Arizona federal district court awarded damages totaling nearly $5.3 million to Ronald and Jinjer Cooke who sued after towns controlled by the Fundamentalist Church of Jesus Christ of Latter Day Saints in 2008 denied them access to water, sewers and electricity for the home they were building.  The Salt Lake Tribune reports the Cookes argued that the mostly polygamous towns of Colorado City, Ariz., and Hildale, Utah discriminated against them because they are not members of the FLDS Church. They eventually got electicity and sewage, but are still being denied water. The cities say that the Cookes moved in as a test case for the state of Utah's efforts to reform the trust that holds FLDS land in the cities. (See prior related posting.)