Judge grants order preventing FLDS property removal
 Witnesses said equipment had been taken from land
 
By Ben Winslow
Deseret Morning News
 
A judge has granted a preliminary injunction blocking the removal of property from any land belonging to the Fundamentalist Church of Jesus Christ of Latter Day Saints' financial arm in the polygamous border towns of Hildale, Washington County, and Colorado City, Ariz.

Judge Denise Lindberg signed the order Wednesday, saying she hoped it would "halt what appears to be a very deliberate effort to harm the assets of the trust." It came after witnesses testified in 3rd District Court about equipment being pilfered in the middle of the night, farms and buildings being cleaned out or disappearing altogether.

"All of the equipment's gone. They stripped it completely," said Isaac Wyler, a former member of the FLDS Church. He witnessed the dismantling of a grain elevator system last month. Photographs were used as evidence in court Wednesday.

"There were two big cranes and at least 15 guys there, hurrying fast," Wyler said.

He testified that since the courts took control of the United Effort Plan Trust last year, there has been a "frenzy of activity" to remove property. Wyler told the judge that he knew of a potato cellar, chicken coops and parts of an irrigation system that had been stripped. Wyler suggested it was an organized effort by FLDS members as part of the faith's regular "Saturday work project."

"Ever since I was a child growing up, we'd have a work project. If it was build a house, we did it," he said. "Everyone showed up Saturday morning to get assigned a work project. My whole life I've been doing work projects. Most projects we did were on UEP land."

Lawyers argued the removal of any and all of that property violates an order put in place last year when the courts took control of the United Effort Plan Trust. It came shortly after FLDS leader Warren Jeffs was charged in Arizona with crimes related to performing child bride marriages. Jeffs is believed to be on the run. He has been added to the FBI's Most Wanted List. The trust controls homes, buildings and property in the border towns of Hildale and Colorado City. It reportedly has assets worth more than $100 million.

The court-appointed special fiduciary for the United Effort Plan Trust testified that the Colorado City Town Marshal's Office stymied his efforts to stop the grain elevator system from being removed by stalling their response and claiming the property could be removed.

"If I'm to preserve and protect, it's got to stay there," Bruce Wisan testified. "I have very little, if no confidence in the Colorado City Police Department in their ability to halt the removal of property that could belong to the UEP."

Phone calls to the Colorado City town marshal by the Deseret Morning News have not been returned.

Lindberg encouraged Wisan to take steps civilly and criminally to find out who is responsible for the disappearing property. The Mohave County Attorney's Office investigator in Colorado City has been asked to look into any criminal violations. Subpoenas are being served and depositions were scheduled for later this month as part of the civil action, Wisan said.

E-mail: bwinslow@desnews.com
 
deseretnews.com
Originally published Thursday, February 2, 2006
 
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