Riverton residents petition top court over development

Riverton residents, including a Utah lawmaker, have filed a petition with the state Supreme Court, asking the justices to weigh in on what they say is an attempt by city officials to thwart the referendum process over a controversial development.

In the petition filed Tuesday, several residents are asking for an emergency ruling to stop what would be the largest commercial and residential development in Riverton's history. In another legal move in 3rd District Court, the same group has filed suit against the city, claiming leaders are violating their constitutional rights by trying to maneuver around the referendum process.

"Something is wrong here and it doesn't smell good. It needs to be ratted out," resident Scott Peterson said.

The group, including Rep. David Hogue, R-Riverton, met Wednesday night at Rose Creek Elementary to discuss a controversial zoning ordinance approved last winter by a lame duck City Council.

Several City Council members voted out of office met in a Saturday morning council meeting to pass the ordinance — just days before the newly elected council members were to take office. The city typically holds its council meetings every Tuesday evening. In addition, the petitioners say the City Council signed a development agreement with Hamilton Land just days later.

The development would not only result in between five to eight homes per acre but make way for a big-box Wal-Mart and other retail near five public schools.

The decisions sparked a referendum movement, in which more than 5,000 signatures were gathered to overturn the old council's decision. But before the referendum could be put on the ballot, city officials, including Mayor Mont Evans, split the development project into four separate ordinances last month. City Attorney David Church said the split effectively made the referendum invalid.

"We feel we've got a sufficient case to have the Supreme Court back things up and put things on hold," said Hogue, who has helped spearhead the referendum effort.

The residents are asking the high court to order the city to put the referendum on the ballot for a special election within 45 days and to order the city to stop issuing building permits and other services to Hamilton Land until the referendum is voted upon.

Among their arguments, residents say the four new ordinances are effectively the same as the original council ordinance because they are almost identical and have the same zoning density.