"I feel confident the judge will rule in our favor," says Fred Finlinson, a Saratoga Springs attorney representing Sevier Power.

Finlinson notes that the proposed coal-fired power plant falls under the county's planned unit development (PUD) ordinance, not the conditional-use permit (CUP) section of county law.

Last spring, more than 1,500 voters signed petitions provided by Elaine Bonavita's Right To Vote (RTV) committee, specifically targeting Sevier County's conditional use ordinance as it relates to coal-fired power plants.

Known as Proposition 1, the measure would require voter approval before the county can issue conditional-use permits for such facilities. It would also revoke any permits already approved for pending power-plant construction.

"That becomes fairly critical," Finlinson, a former state senator, adds, ''because the conditional use in Sevier County simply doesn't apply to any commercial or industrial development.''

In early July, Sevier County commissioners allowed the initiative over the hotly contested power plant to advance to the ballot - then switched labels and began referring to Sevier Power's CUP request as a PUD.

The switch in terminology means the ballot measure no longer applies, says Finlinson.

RTV's attorney disputes that reasoning.

"This is a conditional-use permit they're seeking. Whether you call it a pig, horse or cow, it is what it is," asserts Jeff Owens, a land-use attorney with the Salt Lake City-based firm of Strong and Hanni.

Owens intends to argue that a recently passed state law, SB53, restricting local initiatives is unconstitutional, a legal battle he said he is eager to fight.

"Our suspicions that they were trying to skirt our initiative are confirmed, and I don't think that will sit well with the people of Sevier County."

cmckitrick@sltrib.com

New Utah law being put to test

SB53, which took effect in May, limits local initiative and referendum rights pertaining to land-use ordinances and their implementation. While the state Constitution protects those rights, a large body of case law prohibits putting administrative land-use actions to a public vote. In late April, the attorney general's office gave its opinion that courts might strike down the new law. So far, two cases involving SB53 await legal action, including the Sevier Power case and another involving a proposed development in Beaver County.