Herriman loses round in split-district fight

A U.S. Districtjudge ruled Friday against Herriman in a lawsuit over the voting on the split of the Jordan School District, but city officials say their case still isn't closed.

Although Friday's decision did not go in Herriman's favor, Mayor Lynn Crane said the ruling allows the city to move the case on to the 10th Circuit Court of Appeals in Denver.

"I remain fully committed to the idea that there was unfairness built into SB30 and the denial of the opportunity of the residents of the west side to vote (on an east-side split from the Jordan School District) was a denial of their constitutional right," Crane said. "This ruling provides the basis for the 10th Circuit to address (the case) and take a look at the rationale and the logic that's been used and see if it's sound."

According to Judge Ted Stewart's final ruling, it was soundly constitutional for only east-side residents to vote on creating a new school district. Although west-side residents will be impacted by the vote, west side residents do "not have substantial enough interest in the outcome to warrant their inclusion in the election," Stewart said.

Herriman initially filed the lawsuit to stop the school district vote, or freeze it until the case was over. Both of those efforts failed, but Stewart said the case was not moot because the issue could still arise with other cities who may want to leave the remaining Jordan School District.

Herriman's lawsuit is targeted at Lt. Gov. Gary Herbert and Salt Lake County Clerk Sherrie Swensen because they are the election officials who ratified the vote that Herriman considers unfair. Stewart sided with Herbert and Swensen in saying they were justified in ratifying a constitutional vote, but the judge did not agree that Herbert and Swensen should be dismissed as defendants in the case.

Stewart also didn't agree with Sandy, Cottonwood Heights, Draper and Midvale, who joined the case as intervenor defendants and asked the judge to require Herriman to pay their attorney's fees.

"The court finds that (Herriman's) suit is not frivolous, vexatious or brought to harass or embarrass (Herbert, Swensen, Sandy, Cottonwood Heights, Draper or Midvale)," Stewart said in his ruling. "Rather, this case presents complex and novel legal issues. As such, an award of attorney's fees is inappropriate."

Crane says he hopes the case will be successful in the 10th Circuit because three judges, not one, will be deciding the case.

"I believe having more than one set of eyes and more than one mind-set asking questions about the case is always an advantage," Crane said.

Blake Ostler, who represents Herriman in the lawsuit, said he was not surprised by Stewart's ruling. Though the decision was not in the city's favor, Ostler said it was a positive step because now the city can move on and seek success in Colorado.

"It's good because it means we have finality in this court and we can move on to the 10th Circuit," Ostler said. "We got where we expected, and at this point, where we want to be."

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