Stop on gravel-pit work sought

Opponents of a Wal-Mart big-box project on Sandy's gravel pit have taken their battle to court, asking a 3rd District court judge to halt the Boyer development until after a citywide referendum.

The suit, filed Friday by the Save Our Communities group, claims ongoing development of the gravel pit has "rendered meaningless" a citizen effort to take a controversial zoning decision that allows big boxes on the pit to a citizen vote.

"We think they can't just keep moving along developing when a referendum is eminent," said Cynthia Long, head of Save Our Communities.

The suit asks the court to intervene by suspending the zone change on the gravel pit until the referendum is resolved, effectively stopping Boyer from going forward with development plans.

"Big box retail stores may already be constructed at the gravel pit by the time the (amended zone) is submitted to the voters of Sandy for approval or rejection," the suit claims.

The Salt Lake County clerk's office is still verifying petition signatures turned in last week by Save Our Communities to determine if the group gathered the needed 8,041 names to take the zone change to a referendum vote.

But Sandy city attorney Walter Miller said he is unsure the city will allow a referendum on the zone change even if residents gather enough signatures. City officials have not finalized a decision on whether to allow the referendum to move forward.

That delayed decision, the suit claims, has left Save Our Communities members with no legal recourse as Boyer developers move forward with master plans for the 107-acre project at 9400 South and 1300 East.

"They're just moving along as if the citizens don't exist," Long said. "This suit is to say timeout, wait a minute, we really do matter."

Mayor Tom Dolan, however, said the city is not ignoring the issue but is still considering whether the zone change is an appropriate matter for referendum.

Save Our Communities members asked the City Council on Tuesday to let the referendum move forward to determine what Sandy residents want at the gravel pit.

"Ultimately, all we ask is that Sandy's leaders stand with the citizens they were elected to represent, not against them," Save Our Communities attorney Robert Hughes wrote in a letter to the Council.

If the city does declare the zone change ineligible for a citizen vote, Long said the only option will be to appeal to the Utah Supreme Court.

"It will be a slap in the face. The citizens will be unnerved," she said.

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E-mail: estewart@desnews.com