Herriman loses bid to halt vote on district

City has been seeking right to join balloting

Herriman's hopes to vote on a potential east-side school district hit a wall Thursday after a federal judge said the city won't likely succeed.

Judge Ted Stewart filed a decision Thursday afternoon denying Herriman's request for a permanent injunction against a vote. That vote, if successful, would allow Jordan School District's east-side cities to create a new district.

In a lawsuit filed against Lt. Gov. Gary Herbert and Salt Lake County Clerk Sherrie Swensen, Herriman asked Stewart to forbid Swensen from counting any east-side votes on the school district issue unless the west side was also allowed to vote.

Stewart said he recognizes that the west side will be affected by an east-side split, but said the west-side cities don't have a constitutional right to vote on the issue.

"Any decision to create a new school district ... will have certain ramifications on those district citizens that are not part of the new district," Stewart wrote in his ruling. "However, such extraterritorial effects are not sufficient to require the (vote) to be extended to those living outside of the territory of those cities involved in the decision to create the new school district. While it may have been better for the Legislature to expand the geographic area to include all residents of the existing district, this is a question best left to the Legislature, not the court."

When cities within a school district's boundary request to vote on whether they should split into a new district, only those cities are allowed to vote on the split, according to recent legislation. Under other circumstances, such as if the district decides to split or if individual residents propose a split, everyone in the district is allowed to vote.

Herriman argued in its lawsuit that it is unconstitutional to prevent west-side residents from voting because it will drastically affect their existing school district. Now that Herriman's request for an emergency injunction against the vote has been denied, the city can either continue with its lawsuit before Stewart and take the issue to trial or appeal Stewart's decision in the 10th Circuit Court of Appeals in Denver.

Blake Ostler, an attorney representing Herriman, declined to comment on the city's next step.

"I can't make any comment other than (Herriman) is reviewing its options," Ostler said. "I can't make any other comments than that."

Michael Stanger, an attorney representing Sandy, Midvale, Cottonwood Heights and Draper, said he's happy with Stewart's decision but will prepare for trial in case the lawsuit continues. The east-side cities filed a motion to intervene in the lawsuit because they think their concerns aren't adequately represented through the defense of Herbert and Swensen. The motion to intervene is pending, Stanger said.

"None of (Stewart's) findings are an absolute," Stanger said. "We're going to go ahead ... in anticipation that the case may continue forward with a later challenge to the constitutionality of this (election) in a different context."

Stanger said he is glad Stewart made his decision so quickly after Herriman presented its case on Oct. 2. Attorneys for the east-side cities said they were concerned that the upcoming election could be tainted if residents thought their votes might not be counted.

"We are pleased," Stanger said. "You never know how quickly or slowly the wheels of justice may turn."

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E-mail: achoate@desnews.com

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