Herriman's hopes to have a vote on a potential east-side school district hit a wall Thursday after a U.S. District Court judge said the city won't likely succeed.

Judge Ted Stewart filed a decision Thursday afternoon and denied Herriman's request for a permanent injunction against a vote that would allow Jordan School District's east-side cities to create a new district. Herriman had asked Stewart to forbid the Salt Lake County clerk from counting any east-side votes on the school district issue unless the west side was also allowed to vote.

Stewart says he recognizes that the west side will be affected by an east-side split but said the west-side cities don't have a constitutional right to vote on the issue.

Stewart's ruling noted that any decision to create a new school district will have certain ramifications on those district citizens that are not part of the new district but said "this is a question best left to the Legislature, not the court."

The city can either continue with its lawsuit before Stewart and take the issue to trial or appeal Stewart's decision in the 10th Circuit Court of Appeals in Colorado.

Blake Ostler, an attorney representing Herriman, declined to comment on what the city plans to do for its next step.

Michael Stanger, an attorney representing Sandy, Midvale, Cottonwood Heights and Draper, said he's happy with Stewart's decision, but he's still going to prepare for trial in case the lawsuit continues.