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I think you misspelled the word whiner to be winner. Herriman has no legal footing on this issue. It has already been settled in other rulings.
Herriman is also hypocritical in filing the suit. They feel it is all right for them to make unilateral development decisions that affect east side taxes and cause decisions to close schools, etc., but it is not all right for the east side to create their own district to deal with their own problems.
This sounds so much like Dr. Seuss's book Thidwick the Big-hearted Moose. Thidwick allows a growing population of animals to share his antlers as their home. When it is time for him to go to the far-side of the lake for the winter and to escape the hunters, these animals out-vote him, choosing to stay even though it will be life-threatening for him.
The truth is the best thing that could happen for Herriman and the other communities on the west side is to be divided away from the east side. They will be more likely to get the schools they need. If they win the suit, Herriman will be the biggest loser in the end.
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