The challenge of a South Jordan City Council decision granting a 120-day zoning extension for the RiverPark Office Complex was taken under advisement Tuesday by the Utah Supreme Court.
SOS - an acronym for Save Open Space - is asking the high court to rule that city officials erred in not allowing a referendum on the zoning exten-sion.The coalition of South Jordan residents is asking the justices to overturn the Feb. 10 City Council decision rejecting SOS's request to circulate a referendum petition.
Attorney John D. O'Connell argued the city erred in ruling that residents only had 35 days in which to gather enough signatures for the petition and have them validated. He noted other state law grants the city clerk up to 60 days to validate signatures and pointed out that would be impossible given the city's interpretation of the time frame.
Attorney Michael Hayes, representing the city, contended both the statute and the legislative history are clear that a restrictive time limit was intended for local referendums, so residents could not unfairly delay the process.
Miles Holman, attorney for developer Gerald Anderson, said in a "friend of the court" argument that state law does not allow referendums on individual zoning issues and contended that even if it did, SOS has failed to comply with the statutory time frame.
The City Council meets Tuesday night to consider final approval of a conceptual site plan and conditional use permit for Anderson's project.