It's hot in Sevier County these days. Especially if you're an elected official.
"There's no question that we'll be sued, whatever we do," said Commission Chairman Gary Mason.
"We're doing our best to follow the law," he added.
On May 4, this rural county's three commissioners will consider whether to give final approval to the developer of a coal-fired power plant.
Sevier Power Co. has worked toward that day for eight years, but the plant's opponents are equally fired up with three lawsuits wending through the courts.
And voters, last November, overwhelmingly approved an initiative that requires coal-fired power plants to be put to a public vote.
On Monday, commissioners heard from members of the Right To Vote Committee, who successfully battled to put Proposition One on the ballot.
Elaine Bonavita said they asked commissioners to reject a non-binding opinion from the state Property Rights Ombudsman's office, which advised that the public vote would not apply to Sevier Power due to timing.
"If there's a legal way, I'd like to see the people have a chance to vote," said Gordon Topham, elected to the Commission last November. "Whether or not it applies to this particular case ... we'll have to wait and see."
The Commission has sought outside legal counsel, hoping to clear the muddy waters.
"We're having to balance competing laws," said Ivan Cowley, who won a Commission seat in 2006 because of his opposition to the proposed plant. "We're trying to figure out just where we stand."
A pending state decision about diverting 211 acre feet of irrigation water -- due around May 1 -- adds another kink.
"It would take water away from farmers and ranchers," Cowley said.
Mason, who supports construction of the power plant, said the Commission is mindful of the public's desire to vote.
"This is maybe the most important issue on our plate. You can't leave it at work," Mason said. "No matter where you go, someone wants to talk about it."
