By Miki Mullor
Editor

WASATCH COUNTY, Utah (Oct. 7, 2025) — A Utah judge has handed Mustang Development LLC a significant win in its years long battle with the Town of Hideout, affirming the company’s right to nearly 2,000 homes under a master development agreement and allowing damages claims against former Mayor Philip Rubin to move forward.

Fourth District Judge Jennifer Mabey ruled Oct. 3 that Mustang is entitled to seek attorney fees after the town conceded its original position on density was wrong. The court also granted Mustang permission to file a third amended complaint, reviving claims that Rubin acted in his personal capacity when he allegedly conspired with a town planner to spread false information about the developer’s rights.

Mustang is pursuing more than $100 million in damages, claiming the misinformation campaign killed a $9.5 million land sale and devalued property throughout Hideout. A trial date has not been set.

Density Dispute

The case stems from reports prepared in 2021 by contracted planner Thomas Eddington that questioned Mustang’s remaining density under the 2010 Master Development Agreement, or MDA. He claimed the developer had overstated its allotment and must build commercial amenities before adding more homes.

Mustang said those claims were false and designed to devalue its property, including a 60-acre golf course parcel the company offered to sell to the Community Preservation Association for $9.5 million.

The town attorney later issued an August 2021 letter acknowledging the MDA authorizes 1,975 residential units. The Hideout Town Council ratified that interpretation in June 2024.

Mabey said the council’s ratification mooted Mustang’s request for declaratory judgment but did not erase the company’s right to fees. “It is not a reasonable interpretation to allow a party to moot an action … but then avoid any liability for having created the situation that necessitated the filing of a lawsuit in the first place,” she wrote.

Rubin’s Role

Earlier in the case, Rubin was dismissed on grounds that his actions were taken under “color of authority” as mayor and therefore protected by government immunity.

Mustang amended its claims, alleging Rubin acted privately with Eddington to spread false information. In allowing the amendment, Mabey said her earlier ruling may have gone too far at the dismissal stage by assuming Rubin’s conduct was official.

“It would be even greater prejudice … if the Court did not allow for an amendment that may be necessitated by a ruling that may have gone beyond the applicable standard of review,” she wrote.

Damages Fight Ahead

Mustang’s third amended complaint accuses Eddington, Rubin and Integrated Planning & Design of injurious falsehood, slander of title and tortious interference. The company claims more than $100 million in damages from reduced property values and the failed golf course sale.

Hideout and the individual defendants deny wrongdoing and argue the developer’s losses are overstated.

With its density rights affirmed and fees pending, Mustang now turns to proving its damages claims.

A trial date has not been set.