TRAX line foes taking their case to high court

A Draper group opposing a TRAX line through its neighborhood is heading to the Utah Supreme Court with its case.

Citizens for Responsible Transportation (CRT) filed for an appeal with the highest court on Friday and hope justices will now rule on whether or not they collected enough signatures to take the matter to the ballot box.

"We worked hard for that referendum and we're going to fight to get it," said Summer Pugh, a CRT leader. "He (the district judge) did not rule on what was presented to the court. He brought up other issues that were never even presented to the court, which we don't believe was appropriate."

The location of the light-rail route has been debated among Draper residents and elected officials for more than a year and a half now. The Utah Transit Authority and the city studied two options for a TRAX line that would wind through the city — one that would run on former Union Pacific Railroad tracks that were purchased as a right of way by UTA in 1993 and another on State Street, along I-15.

Although the Union Pacific tracks cut through low-density neighborhoods, Draper's City Council voted unanimously in November 2006 for that route. Opponents filed for a voter referendum to take the issue to a citywide vote.

But after collecting signatures in a petition drive, the group was short of the required 1,526 needed to put the issue on the ballot. CRT filed suit, accusing the city of wrongfully dismissing 122 signatures.

Third District Judge Leon Dever sided with Draper in April and said CRT is opposing a city resolution, not a law, and a referendum would apply only in allowing voters to reject legislation that has been adopted. Because of that, Dever said in a five-page ruling that the issue of the amount of signatures is "moot."

Pugh said CRT feels the statute Dever brought up is unconstitutional because it infringes on referendum rights.

Adds CRT attorney Justin Heideman: "That was an issue neither side briefed, neither side argued, neither side put forward and the court brought it up without allowing either side to prepare for it.

"It's a little terrifying to be told that a decision is going to directly impact your home and property value and it's something you as a citizen can't even have a say in. It doesn't make sense," he said. "It's ludicrous."

Draper, however, is prepared to keep fighting.