The legality of the election that resulted in the Jordan School District split is being debated in a federal appeals court in Denver.

West-side Herriman city, which filed the lawsuit in September 2007, says it's illegal that only the east side of Jordan District was allowed to vote on whether to divide the district.

"Their (the west side's) constitutional rights were violated. That's no small thing," said Herriman's attorney Blake Ostler.

As a result of the election later that same year, the district will officially divide this July.

"The decision was made for us. We weren't even allowed to vote," said PTA mom Marianne Carter of Herriman. She is one of several plaintiffs listed in the lawsuit, along with Herriman Mayor Lynn Crane.

A U.S. District Court judge ruled against Herriman last March. The case went on to the 10th U.S. Circuit Court of Appeals, which heard arguments Wednesday.

Jordan District officials declined to comment on the appeal Wednesday, saying it is Herriman city's lawsuit. Canyons School Board President Tracy Cowdell said the district is not involved in the lawsuit but will continue to monitor it's progress.

It will likely be several months before the appellate court rules on the case. If the court rules in favor of Herriman, it could dismantle the Canyons District before the first students walk through the doors.

"The appeals court could say this thing is too far down the road to stop it," Ostler said. "But if they rule before July 1 — and in all likelihood they will — they might stop it."

Rep. Carl Wimmer, R-Herriman, said he doesn't think Herriman will win the lawsuit. "I don't think they have a solid footing or legal ground," Wimmer said, adding he likes the idea of splitting the large district but didn't like how it was done.

Meanwhile, an arbitration decision on how the Jordan District's assets and liabilities will be divided between the two districts is scheduled to be announced sometime this month. East and west agreed to arbitration after attempting several times to come to an agreement on the division.

Canyons District contends it is suffering from declining enrollment and aging school buildings — including seismic issues. The west side says it is worried about predicted rapid enrollment growth and the lack of school buildings to house the student influx.

Canyons District comprises Cottonwood Heights, Sandy, Midvale, Alta and Draper.

The west-side Jordan District consists of Bluffdale, Herriman, Riverton, South Jordan and West Jordan, as well as the township of Copperton.

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