This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated.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: 9:42 PM- The Utah Attorney General's Office believes there's a good chance that a new law banning voter initiatives on land-use ordinances is unconstitutional.

In an April 29 letter to Sevier County Attorney Dale Eyre - obtained by The Tribune today through an open-records request - Assistant Attorney General Thom Roberts said there is "a serious concern that a court would strike SB53 down as violative of the Utah constitutional provisions concerning initiatives."

Roberts wrote that by banning initiatives and referenda on land-use ordinances, the law "appears in direct conflict with the Utah Supreme Court cases" on such voting rights.

A group of Sevier County residents, dubbed the Right to Vote committee, turned in 1,536 signatures last Friday to put plans for a coal-fired power plant to a public vote. SB53 took effect Monday.

The bill's sponsor, along with the lobbyist credited as the brains behind the developer -friendly measure, defended its purpose.

"My legislation was in no way intended to take away the right of the people to petition their government," said Sen. Brent Goodfellow, D-West Valley City. "But I think that right applies to legislative matters, not administrative or executive. I was trying to put into statute what is already in case law."

Lobbyist Steve Barth agrees.

"The court has been very consistent in drawing that line and this was to save people the time and money of a wasted referendum effort," Barth said.

One of Barth's clients, Mount Holly Partners, faces extended litigation brought by Beaver County residents who oppose the multi-billion-dollar Mount Holly Club project planned for 1,800 acres in the Tushar Mountains.

A 5th District Court judge ruled last July against the residents and their desire to put that development to a public vote. Their attorney, Joel Ban, appealed the case to the Utah Court of Appeals and briefs are expected to be filed this week.

Ban said he suspected - but did not know - that developers had turned to the Legislature to try to cut off such citizen ballot movements.

"That's typical of these kind of developers," Ban added. "I'm not surprised by anything they've done."

Goodfellow's SB53, touted as mostly housekeeping during the recent Legislative session, sailed through with little opposition

"No one asked for our opinion on its constitutionality until now," said Attorney General spokesman Paul Murphy.

Eyre, the Sevier County Attorney dislikes SB53. And he agrees with the AG's opinion.

"It will help the county make its decision," Eyre said, noting that commissioners can either enact the Right to Vote committee's ordinance themselves, place it on November's ballot or reject it.

That ordinance would require that all future power plant applications go to a public vote and would also revoke any power permit granted between the filing date of the initiative and the time of the vote.

Gov. Jon Huntsman Jr. signed SB53 in mid-March.

"It's fair to say that we don't get an AG opinion on every bill that passes," said Lisa Roskelley, the Governor's spokeswoman.

"Considering it passed with such an overwhelming majority, we thought it was appropriate to sign it into law and if it came to this situation, any judicial clarification would be beneficial."

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