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Sweet victory
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Nov. 4 was more than Election Day for a group of voters in Sevier County. It was Vindication Day.

Foes of a proposed coal-fired power plant at Sigurd, worried about air quality, the health of their children and the future of recreation in the county, sent an unmistakable message to their leaders: They will not roll over and accept what county commissioners believe is best for them.

Bravo.

The group fought for months to get a citizen initiative on the ballot to require a vote of county residents before the county can grant a conditional-use permit for any CO2-spewing power plant. Members not only fought their paternalistic county government but also battled the Legislature.

During their session this year, legislators passed a law specifically aimed at the Sevier group and others like them who want to exercise their constitutional right to make laws.

The Sevier County Commission grudgingly gave its approval (in the form of a no-response) to the initiative, banking on the courts to cite the faulty law to make the initiative moot. The 6th District Court did just that. But then, just weeks before the election, the Utah Supreme Court rightly declared the Legislature's attempt to deprive citizens of their legislative rights unconstitutional.

The Sevier Power Company was not deterred. County residents received a mailer just days before Election Day with a message from the Richfield Area Chamber of Commerce cautioning that a "yes" vote could stymie economic development in the county and have "unintended consequences."

The flier also contained a letter from Brigham Young University Technology Transfer Director Mike Alder to Sevier Power Chairman Ken Flake, implying the two were involved in a joint U.S. Department of Energy program to pursue clean coal technology.

It turns out that Sevier Power reprinted Alder's letter without his knowledge or permission.

Then last Tuesday, more than 58 percent of the voters said "yes" to the initiative and made it law.

There undoubtedly will be more court battles ahead, but it seems likely that The Right to Vote Committee has won the war. And, no doubt, the victory is sweet.

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