Davis must pay fees in fluoridation lawsuit

The Utah Supreme Court has overturned a district court ruling and will require that the Davis County Clerk's Office pay attorney fees to a pro-fluoride group.

Utahns for Better Dental Health sued Davis County Clerk Steve Rawlings in 2002 after a revote on the 2000 approval of fluoridated water was placed on the ballot. They argued that the revote, which was requested by a petition from an anti-fluoride group, was a misinterpretation of the state's referendum law and should not be allowed on the ballot.

The district court ruled in favor of UFBDH but did not grant its request for attorney fees from the county. The group appealed to the Utah Court of Appeals, which ruled that the district court ruling failed to "justify" the decision and remanded the case back to the district court.

The district court, however, did not change its ruling but further clarified its original ruling, so the UFBDH appealed to the Utah Supreme Court.

Writing for the majority, Chief Justice Christine Durham wrote that the refusal to award attorney fees was "at odds with its original decision" about the referendum. Attorney fees can be awarded when the case serves a broader public interest, which Durham felt this case did.