Fluoride group appeals ruling

A group that successfully fought for fluoridation of Davis County drinking water is appealing a court denial of their request for payment of attorney fees.

In a five-page appeal, Utahns for Better Dental Health asks the Utah Court of Appeals to remand the case back to trial court for additional findings. The court did not specifically address UBDH's claims that they were entitled to the payment of $45,034 in attorney fees, according to the appeal.

"In this case, the trial court failed to enter adequate subsidiary findings to justify its ultimate conclusion and in doing so eliminated our ability to meaningfully review the decision and ensure that the court has not abused its discretion," reads the appeal.

UBDH attorney David Irvine has argued that his group deserves to have attorney fees paid because they were representing the will of the majority of Davis County voters.

In 2000, voters in Davis County narrowly approved a measure to allow fluoridation. The measure was supposed to be implemented by May 2002, but county officials accepted a petition calling for another vote, delaying action. UBDH appealed the validity of the petition, and the issue returned for a vote in 2004.

UBDH then began a series of actions to have attorney fees payed by the government.