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
- Downtown holiday displays kick off 7:08 p.m.
- Tiger Woods was unconscious 7:05 p.m.
- Alabama rallies past Auburn 6:48 p.m.
- Five charged in cyber casino case 6:45 p.m.
- Cave to be sealed with body inside 6:08 p.m.
- Sports reflect, affect ethics 5:04 p.m.
- Season in bloom with the Jesse tree 5:04 p.m.
- Common phrases rooted in scripture 5:04 p.m.
- Utah religion in the news 5:04 p.m.
- Muslims quick to respond to Ft. Hood 5:04 p.m.
- BYU would like friendlier rivalry
263 - Protests against Phoenix LDS temple
211 - RSL wins MLS Cup on penalty kicks
202 - Bronco, Kyle rubber match
139 - Thunder rolls by Jazz
136 - Letters: Rushing to judge Palin
133 - Boys basketball rankings
127 - Editorial: Poor welcome for Palin
112 - Man trapped in Nutty Putty cave dies
106 - Hall, Johnson matchup key
102
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
Fact: Barack was never an ACORN community organizer. • Fact: ACORN never...
Ending these posts is not the way to go. Many, many fans come here to read...
I wish I had her job - that would be fun, profanity and obscenity included -...
What a horrible way to pass away. Prayers for the family!
Philip - I hate to tell you this, but many active registered Republicans...
I think Brother Coppin's articles are much better when he stays away from...
are for trading insults. We all need to get a bit thicker skin while at the...
Nice. Could not get into the cool clubs so you start you own. I give them an...
I never thought Nutty Putty was dangerous. I went there 3 times as a...
Can't they jackhammer the walls of the cave to get him out? I'd want him...



You can be the first to comment on this story.