Some residents want a city-preferred proposed TRAX line out of their neighborhoods. And now they are seeking help from Utah's top court.

Citizens for Responsible Transportation (CRT) has filed an appeal with the state Supreme Court as part of its effort to force a citywide referendum and let voters decide where the tracks should go.

CRT leader Summer Pugh argues building the transit line alongside Interstate 15 would be a better fit than streaming the trains through formerly rural areas.

"That's going to have a huge impact on our homes, on our neighborhoods and on our streets," Pugh said Monday. "We should have a say in what happens."

But Utah Transit Authority spokesman Chad Saley said officials have studied alternatives and determined UTA's right of way along former Union Pacific tracks is the best place to put light rail. And, ultimately, UTA can do whatever it wants along its right of way, thanks to interlocal agreements.

"Transit is for the benefit of the whole community, not one city," Saley said. "So we have these agreements where we tend to build on our right of way. The city can't stop us . . . because it would mean stopping an entire project."

Draper City Attorney Doug Ahlstrom agreed, saying the city has "no control" over it. The nonbinding resolution CRT is challenging simply says UTA can build in its right of way.

However, Saley said the agency remains open to public input and added that "a good portion" of Draper residents fully support placing TRAX along the old Union Pacific tracks.

The line's first phase, slated for completion by 2015, is scheduled to stop near City Hall. Saley said the stretch residents are concerned about would extend light rail out to 14600 South, but that won't take effect for another 10 to 15 years.

CRT's filing comes nearly five months after 3rd District Judge Leon Dever ruled that the group could not use a referendum to oppose a resolution, since it is not law.

But Pugh and her group's attorney, Justin Heideman, are challenging that technicality, arguing the judge inappropriately ruled on information never presented to the court. And they maintain that the law Dever cited is unconstitutional because it hinders the referendum option.

Said Ahlstrom: "Apparently they haven't read state law very carefully. It's very clear. It's an easy call."

He added that he did indeed argue in court that the issue could not be subjected to a referendum, just as Dever ruled.

But Pugh insists the judge dragged his feet and now it's too late for her group to get the TRAX alignment issue on this year's ballot.

"It'd have to be next year at a special election or the next municipal election before we could get a vote," Pugh said. "But we're still grateful we get to go ahead at this point. When you work so hard to give the people a voice, you really want to see it come to fruition. That's our goal."

sgehrke@sltrib.com