Abstract

When the Church accepted Salt Lake City’s offer in 1999 to sell the one-block portion of Main Street between Temple Square and the Church administration block, the Church saw itself as helping the city achieve objectives for downtown development that had been planned for nearly 40 years. At the same time, the city understood that, as the property owner, the Church would benefit from the creation of a peaceful, unified Church campus. Although already much-discussed over many years, the proposal to build a plaza on the one-block segment of Main Street between North and South Temple still received intense public scrutiny. All public notice requirements were met, and conscientious efforts were made by both the city and the Church to inform the public about plans for the plaza. Throughout the public review process, Church representatives explained that the Church-owned plaza would remain open to all citizens and visitors as a place of quiet beauty. They stated that the plaza would be regulated like the Church administration block—people would be free to come and go but not to disrupt the peaceful atmosphere with protests or demonstrations. Church officials made it plain from the outset that acquiring the property for $8.1 million, spending substantial amounts to enhance and beautify it, and then bearing the cost of meticulously maintaining it made sense only if the Church had full exercise of private property ownership rights. As owner of the land, the Church reasonably expected that those coming onto its property would not engage in activities that conflicted with the very reasons the property was purchased—for the peaceful enjoyment of all, consistent with the surroundings and sacred setting. Mayor Corradini, members of the city council, city attorneys and other city officials all recognized that the Church’s position was reasonable and consistent throughout the proposal process. With full knowledge of all officials involved, the city reserved a limited easement

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