Carter v. Lehi CityAnnotate this Case
Petitioners in this case were Lehi City voters who sought to place on the municipal ballot initiatives regulating salaries and residency requirements for certain city employees. The City refused to accept the initiatives. Three of the initiatives' sponsors subsequently filed a petition for writ of extraordinary relief, contending that the initiatives were proper exercises of initiative power under Utah Const. art. VI. At issue before the Supreme Court was the scope of the people's initiative power under article VI. The Court upheld the initiatives after repudiating the framework set forth in Citizen's Awareness Now v. Marakis, holding (1) a ballot initiative should be deemed an appropriate legislative, and thus referable, act where it proposes a law of general applicability; (2) the subject matter of the initiatives in this case was legislative in nature; and (3) the initiatives did not conflict with state law because Utah Code 10-3-818, invoked by the City, did not apply to voter initiatives.