The 10th Circuit Court of Appeals in Denver has dismissed an appeal at the request of Herriman City, whose residents tried to intervene in the Jordan School District split last election.

Herriman City and some residents filed a federal suit against Lt. Gov. Gary Herbert and Salt Lake County Clerk Sherrie Swensen in the hopes of halting the east-side-only vote over forming a new school district off of the Jordan School District. The suit claimed that by not allowing west-side residents a vote on the issue the action violated the 14th Amendment because west-side residents would be impacted by the vote.

U.S. District Judge Ted Stewart denied the group's request to intervene last October. On Nov. 6, eligible east-side voters decided to form their own district.

Herriman City filed a motion with the 10th Circuit last Wednesday to have their appeal dismissed. On Thursday the circuit granted its request. There remains other legal issues pending in the case before Stewart.