This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated.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.

Posted: 12:54 PM- The Utah Supreme Court will decide whether to give Draper residents a voice on where light rail should rush through their city.

The Utah Transit Authority - and the City Council - want TRAX to loop through Draper's east end along a right of way it bought in 1993. The council, in late 2006, approved a resolution that supports UTA's choice and allowed the agency to seek federal funding for the extension.

Attorneys told justices during a hearing this morning that the City Council's resolution was not a legislative action. Therefore it cannot be challenged through the resident-driven referendum process.

A 3rd District Court agrees with that position.

"This resolution is nothing more than a statement of preference. It has no legally binding effect," UTA attorney Cullen Battle told the high court, adding that city officials in no way decided where UTA can build TRAX. "This agreement and process represents an entire regional plan."

Meanwhile, a broad group of residents say transit fits better to the west, away from their low-density neighborhoods and along the city's commercial corridor.

They had challenged their elected officials with a petition calling for a referendum, but a 3rd District judge stopped that action.

The opponents' attorney, Justin Heideman, argued that the United States is a representative form of government, and residents living in areas where children would play "a baseball-throw away from trains" simply want a chance to express their opinion through the ballot box.

"That doesn't seem too much to ask in the United States," he said.

The state Supreme Court could take months to make a ruling.

But even if there is a referendum, Draper City Councilman Troy Walker expects a majority of residents would see the costs of a farther-west alternative and side with UTA and Draper officials. He instead wants to focus on minimizing impacts in Draper's residential areas that will be closest to TRAX.

sgehrke@sltrib.com" Target="_BLANK">sgehrke@sltrib.com