From Deseret News archives:
Sandy big-box controversy goes to court
Group tells justices it wants to put citizen initiative on ballot
This month, an attorney representing Long and several other Sandy residents argued before the Utah Supreme Court that the city of Sandy should put a citizen initiative on next November's ballot that questions the City Council's wisdom in giving the green light to a big-box development at the site of a gravel pit.
"I think what's at stake is the citizens' right to get involved," Long said outside the Supreme Court chambers after oral arguments. "If you disagree with what the administration is saying, then what is your only option?"
The group, Save Our Communities, had gathered 6,425 signatures for a referendum to reverse zoning decisions made by Sandy for a Boyer Co. retail project. Under Utah law, citizens have a right to petition for a referendum to be put to a public vote.
"In what types of decisions should the people have a direct voice?" attorney Robert Hughes asked the justices.
Hughes added people need a direct voice in decisions that change the face of their community.
At issue is whether Sandy's zoning decision was considered an administrative or a legislative action. An administrative action is one that uses current city law as a basis while a legislative action is one that makes a profound change to those laws. Administrative actions are not subject to referendum, under Utah law.
Hughes argued Sandy's decision to allow the development diverged enough from city ordinances that it should be considered a legislative action.
Jeffery Williams, attorney for Boyer Co. and also representing Sandy city and Gibbons Realty, argued the city's zoning approval for the project did not conflict with the city's long-term plans for the gravel pit and therefore was not a drastic divergence. As far as the 10 or 20 percent requirement for signatures, "This is a land-use law, there's no doubt about it," Williams said, arguing that under law Save Our Communities needed 7,940 signatures instead of the 6,425 the group gathered.
At stake is the final defining stroke for Sandy.
"This is the last big unimproved parcel in the city," Hughes said.
Comments
- Today on TV 12:49 a.m.
- Wanted: Bank robber with bad breath 12:40 a.m.
- Philippine police clash with clan 12:28 a.m.
- Officer responding to call killed 12:28 a.m.
- Editorial: Fine-tune state workweek 12:18 a.m.
- Let's keep energy money in the U.S. 12:18 a.m.
- How to pay for the war 12:17 a.m.
- Feast of Guadalupe nourishes soul 12:17 a.m.
- Obama's strategy is a road map 12:17 a.m.
- Letters: 'Political priestcraft' 12:17 a.m.
- BYU and Utah's bowl games
- BYU professor remembered
- Y., U. to learn bowl destinations
- The forgotten ship: USS Utah
- Cougars going back to Vegas
- Branch president without a congregation
- TCU to play Boise in Fiesta Bowl
- Utahns want health care reform bills
- Kurt Bestor: Joy for the world
- Urn of baby rests with sailors
- Letters: Liberal because LDS
257 - Y. profs: Beck not all-knowing
216 - Hate not limited to 1 in-state rivalry
189 - Aggies shoot past Cougars
179 - N.Y. Senate rejects gay marriage
130 - TCU to play Boise in Fiesta Bowl
119 - George lost in rivalry hatefest
113 - Ed Smart 'appalled' at testimony
97 - Harpring's NBA career is over
95 - Sloan gets 1-year extension
80
Trolley Square's annual Holiday Open House will feature visits with...
That does it — I'm having an affair! Thanks to Tiger Woods, David...
First, a big thank you to all who posted questions here for me to ask...
Let's take a look a the BSC line up and see which teams played each other and...
I like the comments so far. I feel that ASU will beat BYU like Wake forest...
I like Jim's comments about a big guy in the middle that can play. BYU needs...
Thanks for the article! I really liked it and hope that we all can take...
Just wondering what the records might be of the BCS teams against each other,...
By abandoning principles, BYU is making a huge strategic error. The Las...
Why aren't they investigating ClimateGate??? Global cooling, er...Global...
Le's hear it for Republicans and the right to own assualt weapons!!! :(...
THe difference between adults and kids with those tubes is that a kid will...
What is the deal with Boise State and TCU playing each other in the Fiesta...



You can be the first to comment on this story.