Croft v. Morgan County
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The Supreme Court reversed the judgment of the district court ruling that it lacked jurisdiction over this challenge to the rejection of a referendum application, holding that the district court erred in its interpretation of Utah Code 20A-7-602.8(4)(a) and its conclusion that it lacked jurisdiction.
Appellants, residents and registered voters of Morgan County, filed an application to submit an ordinance approving the development of a ski resort community to a referendum. The county clerk rejected the referendum application. Appellants then filed in the district court a petition challenging the rejection of the proposed referendum. The district court dismissed the challenge for lack of jurisdiction based on its reading of section 20A-7-602.8(4)(a). The Supreme Court reversed, holding (1) sponsors are prohibited from pursuing an extraordinary writ in the Supreme Court under section 602.8(4)(a) when they cannot satisfy the requirements of Utah R. App. P. 19; and (2) Appellants in this case appropriately raised their challenge in the district court.
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