The school district-split law "does not deprive such voters of their fundamental right to vote, and is consistent with the equal protection mandate of 'one person, one vote,' " according to BYU professor Frederick Gedicks.

The latest in a string of legal examinations of the 2006 school district law will not discourage west-side cities from filing a lawsuit, Riverton Mayor Bill Applegarth said.

"I think what you have obviously is a diversity or division of opinions," he said. "And when you have that with attorneys, as you would expect, the appropriate thing is to have the judge decide."

According to the school district-division law, only those residents who live in the area seeking to break away would be allowed to vote on the issue. Jordan's west-side residents have complained that that would violate their constitutional rights by potentially raising their taxes and changing their school board without giving them a say in the matter.

In July, the Utah attorney general released an opinion saying there is a "substantial likelihood" the law would hold up in court. But a legal analysis this spring by a Jordan district attorney contradicts the attorney general's findings.

Cottonwood Heights Mayor Kelvyn Cullimore, whose city is among the group advocating the split, said east-side leaders wanted to know whether there was any merit to the Jordan attorney's conclusions. With the Gedicks opinion in hand, he said any group that would file a lawsuit would have an "uphill battle." The Gedicks opinion shows that the Legislature acted appropriately and the law is supported by other court cases, he said.

"We don't believe there's ambiguity here," Cullimore said.

The city councils of Sandy, Cottonwood Heights, Draper, Midvale and Alta have all agreed to let the voters decide this fall whether the Jordan district, the state's largest, should split.

But the Salt Lake County Council, whose decision will dictate whether the election occurs, has yet to vote. Mark Crockett, the council chairman, said he didn't know whether this new opinion would make a difference. Whether the Legislature can establish a new system to more equitably fund school construction remains critical to some politicians.

"My sense is that the real issue for most people is the money, and if they were comfortable that no one would be hurt financially, they would worry less about the vote," he said. "Though some people clearly have fairness in voting as a high priority."

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* JULIA LYON can be contacted at jlyon@sltrib.com or 801-257-8748.