Administrative Control Is Not Absolute: Questions Hideout Homeowners Should Be Asking

By Miki Mullor
Editor

For years, homeowners in developer-controlled communities like Hideout have been told, implicitly or explicitly, that the developer’s control of the homeowners association gives it extraordinarily broad authority over the community.

But “broad authority” and “absolute authority” are two very different things.

That distinction is the subject of a recent article by Utah HOA attorney Aaron Pacini of Maxwell & Morgan titled “Administrative or Absolute? A Developer’s Checklist of Duties During the Period of Administrative Control.”

Aaron Pacini

Disclosure: Aaron Pacini is the author’s attorney. I believe readers should know that relationship when considering both his article and my comments about it. The observations below are my own unless specifically attributed to Pacini or his article.

Pacini’s original article can be read here:
Administrative or Absolute? A Developer’s Checklist of Duties During the Period of Administrative Control

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Hideout water audit leans on “confirmed” supply that doesn’t exist — and its own author says so

By Miki Mullor

HIDEOUT, Utah — Facing mounting questions about whether it has enough water rights to support continued growth, the Town of Hideout commissioned a comprehensive drinking water audit intended to answer a critical question: Can the town build out under its existing approvals without running out of water?

The audit’s answer is reassuring. By lowering the assumed per-home water use and accounting for a range of existing and future sources, the report concludes that the town has sufficient supply for at least eight more years, presenting this as “confirmed.”

But a detailed review of the claim, the underlying agreements, and the audit author’s own written responses reveals a different picture.

The audit does not demonstrate that the town currently has enough legally available water rights to meet its obligations. Instead, it constructs a supply model built on assumptions: that irrigation water can be converted without acquiring replacement rights, that developer-controlled water will be delivered in the future, and that legal constraints governing water allocation do not limit how supply can be used.

In some cases, those assumptions directly conflict with governing agreements. In others, the audit’s author acknowledges the limitations outright.

Taken together, the result is a report that answers a narrower, more optimistic question — whether enough water could exist under a favorable set of conditions — while leaving unresolved whether that water is actually available to the town today.

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Hideout Resolves First of Four Legal Disputes With Mustang Development in $600,000 Settlement

By Miki Mullor

Hideout, Utah —

The Town of Hideout has reached a $600,000 settlement with Mustang Development LLC, resolving the first of four pending lawsuits between the town and its master developer and ending a long-running dispute over impact fees and infrastructure reimbursement while three additional cases remain active in Wasatch County court.

The settlement, approved in November 2025, brings to a close litigation that traced back to Hideout’s earliest years as a newly incorporated town. The agreement ends the lawsuit with prejudice, meaning it cannot be refiled, and resolves all disputed payments owed through Sept. 30, 2025, while preserving the town’s reimbursement obligations going forward.

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Mustang Seeks $352,000 in Legal Fees After Four-Year Battle With Town of Hideout

By Miki Mullor, Hideout Comment | October 28, 2025

HIDEOUT, Utah — The Town of Hideout faces a hefty new legal bill after losing a four-year court battle with Mustang Development LLC, one that could cost the town more than it spends on all legal services in an average year.

Mustang filed a motion this month asking a Wasatch County judge to order the town to pay $352,975 in legal fees and costs. The request follows an Oct. 3 ruling that declared the developer the prevailing party in its dispute with the town over development rights under a 2019 master development agreement.

If approved, the payment would exceed more than two and a half times Hideout’s entire 2024 legal budget of about $137,000, according to town financial records. It would also rival the combined annual cost of the town’s engineering and police contracts. That figure does not include the hundreds of thousands of dollars Hideout has already spent on its own lawyers during the case.

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Judge Affirms Mustang’s Development Rights, Revives Claims Against Former Hideout Mayor

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.

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Hideout Mayor Phil Rubin Resigns

By Miki Mullor
Editor

HIDEOUT, Utah (April 16, 2025) — Mayor Phil Rubin has resigned from his position, citing health concerns, effective April 14. Rubin, who was first elected in 2017 and re-elected in 2021, led the town through significant growth over his seven-year tenure.

Mayor Phil Rubin

In the interim, Mayor Pro Tempore and Town Council Member Chris Baier will assume mayoral duties until the Town Council appoints a temporary replacement. The council is scheduled to hold a special meeting on Monday, May 12, at 6 p.m. at Hideout Town Hall to interview candidates and vote on an interim mayor, who will serve through the end of 2025.

Residents interested in the interim position must submit their names to Town Recorder Alicia Fairbourne via email at afairbourne@hideoututah.gov by Thursday, May 8, at 5 p.m. Candidates are required to have been primary residents of Hideout for at least 12 months prior to May 12 and must complete conflict of interest and financial disclosure forms before the deadline.

The next mayoral election is set for November 2025. Prospective candidates must file a Declaration of Candidacy and disclose any potential conflicts of interest in person at Hideout Town Hall between June 2 and June 6.

Mayor confirms water right shortfall; setups an independent working group 

By Miki Mullor 

Mayor Phil Rubin has confirmed a water right deficit liability exists, as we reported.  

Rubin shared with the Town’ council that he has set up an independent working group made of experts to look for ways to procure water rights, for the already approved 1,800 or so units, which he contends were approved prior to his first  administration without actually having the water rights to support it.

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Hideout sued for $10 million for refusing Golden Eagle Certificates of Occupancy

By MIki Mullor

The legal drama over Golden Eagle reached a new level today when Mustang Development LLC, the developer of Golden Eagle, sued the Town of Hideout over its refusal to issue certificates of occupancy (COs) in Golden Eagle.

Mustang claims it suffered damages of at least $10 million dollars as a result of lost sales caused by the Town’s actions, including harm to relationships with individuals that have purchased lots, lost past and future sales and harm to its reputation in the Summit and Wasatch County real estate communities.

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Hideout’s water rights deficit: a $13-25 million water bomb ?

After the Hideout Comment exposed in our last story another misrepresentation by Mayor Phil Rubin to the town council, his administration trips over itself in attempts to save his credibility.

In the process, the administration alluded to potentially even a bigger problem looming over Hideout: the approval of development without acquiring water rights, a problem that could prove very costly, to the tune of $13-25 million potentially.

Lack of transparency by the administration and Rubin leaves much of the issues in the dark, including the financial viability of Hideout moving forward.

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