Salt Lake Tribune
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Group's TRAX motion rejected
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

In its drive to shift the route for a proposed TRAX extension, a Draper group hit another roadblock this week.

A 3rd District judge rejected the group's request for temporary restraining order Monday. Judge Leon Dever said the group could not overturn a city resolution through a referendum because it is an administrative action, not a legislative one.

"This matter before the court is based neither on state law nor local law," the ruling stated. "It is based upon Draper City's Resolution . . . which merely expresses the city council's preference of a certain light-rail extension."

But Summer Pugh, a citizen group leader, said Citizens for Responsible Transportation will "most likely" appeal. She said she was "shocked" by the decision because it did not address the issue she took Draper City to court over.

"We went to show we had enough signatures, but the judge would not even rule on that," she said. "Instead, he ruled on an issue we did not even brief or have oral arguments on."

But the judge said the signatures were moot because the referendum's basic validity failed.

Draper City Attorney Doug Ahlstrom said the city was happy with the ruling and agreed it was not a matter that should have gone to a referendum process.

Meanwhile, Pugh is considering further action, saying the future of TRAX is a "huge issue" in Draper.

"This is going to affect Draper residents, Draper property values and Draper's quality of life," she said. "Citizens have the right to weigh in on it."

sgehrke@sltrib.com

Judge says proposal is a city resolution that can't be overturned via legislative referendum
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