Wednesday, the City Council directed the city's administration to allocate up to $15,000 for a legal challenge if the ballot proposal clears the County Council. West Valley City, South Jordan, Herriman and Riverton plan to join the lawsuit and share the cost, said City Attorney John Brems.
The west-side cities charge that schemes to divide the Granite and Jordan school districts along the Jordan River saddle residents with increased property taxes without giving them a say. Under the 2006 state law that allows creation of new districts, only east-siders will get to vote on the splits.
Backers of the law argue it is based on rules that govern the incorporation of new cities. Only those living in the potential new district get to vote on it.
County Councilman David Wilde, who represents Taylorsville, West Valley City and Murray, attended Wednesday's meeting to share his support for the west side's plight.
"It's very unfair to allow this to go forward without giving west-side residents the opportunity to vote on it," Wilde said. "I hear the assurances [that] . . . there is going to be something done in the Legislature to make this thing work out fairly as far as finances go. My feeling is . . . show me the money."
Wilde said he expects the County Council's vote to be "close." There will be a public hearing July 31, after which the council could vote on putting the Granite district split on the November ballot, or delay a decision until the following week.
The County Council also must decide whether to put a Jordan School District split on the ballot. Sandy, Midvale, Draper, Cottonwood Heights and Alta have agreed to let their constituents vote on a new district.
Taylorsville City Council unanimously approved a resolution Wednesday requesting that the County Council not place the Granite School District division on the fall ballot. Holladay and South Salt Lake, which would also be part of the proposed east-side district, are scheduled to decide before July 31 whether to allow their residents to vote on the issue.
Also on Wednesday, Attorney General Mark Shurtleff released an informal legal opinion, stating that he believes the district division law will hold up in court. In May, an attorney retained by the Jordan School District argued the opposite: Not allowing everyone affected by a district division to vote violates the Equal Protection Clause of the U.S. Constitution, attorney Blake Ostler wrote in a letter to the Jordan Board of Education.
"This is just a classic case of two lawyers disagreeing and the courts deciding it," Taylorsville Councilman Bud Catlin said.
Taylorsville resident Aimee Newton, who spoke during a public hearing on the lawsuit funds, applauded the council for its actions.
"You are doing the right thing," said Newton, who has three children attending elementary school in Granite district next year.
"I worry about the quality of the programs and variety of the programs for them, especially as they get into junior high and high school" if a district split happens, Newton said after the meeting. "I also worry about my tax dollars."
rwinters@sltrib.com
Where they stand
* JORDAN SPLIT: Sandy, Alta, Cottonwood Heights, Draper and Midvale will put the proposed breakaway on the fall ballot. The Salt Lake County Council has a public hearing July 31 and could vote that day.
* GRANITE SPLIT: Holladay is scheduled to vote tonight whether to put the issue on the ballot, followed by South Salt Lake on Wednesday. The County Council will hold a public hearing and possibly vote July 31.
