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High court to rule on residents' route protest
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated.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.

The Utah Supreme Court will give the final word on whether Draper residents can say where a light-rail extension would snake through their suburban city.

Citizens for Responsible Transportation (CRT) stands in stark opposition to a city- and Utah Transit Authority-preferred TRAX route, which would follow an old Union Pacific right of way that now belongs to UTA.

That corridor winds east and west through residential areas and the planned town center around City Hall. But CRT members want the line out of their low-density neighborhoods and closer to Draper's commercial district - near Interstate 15 and State Street.

CRT alleges that organizers collected enough signatures to force a referendum on the issue before more than 100 names were wrongly dropped.

"We've gone through a lot of effort to collect signatures," CRT leader Summer Pugh said. "This is a huge issue with a huge impact on our community."

But 3rd District Judge Leon Dever sided with Draper in April. He ruled that it didn't matter how many signatures CRT collected, because the city's nonbinding resolution supporting UTA's preferred route was not a law and therefore could not be challenged by a referendum.

"I guess we'll find out if we get a voice on this or not," said Pugh, adding that CRT wants a thorough study that shows whether the Union Pacific corridor is the best alignment.

"If we're going to build TRAX, let's put it in the right place where it serves Riverton, Herriman and Bluffdale - as well as Draper," Pugh said. "This is just going to have massive impacts on our neighborhoods, homes, streets and property values. You don't see Realtors using the potential of TRAX coming by your house in their ads."

Draper City Attorney Doug Ahlstrom did not return phone calls Monday seeking comment.

But it's UTA - which is involved in the suit as an outside party that can only make statements during the case - that has final say over where TRAX goes. That's thanks to interlocal agreements that were set up years ago, said UTA spokesman Chad Saley.

The Draper route, Saley said, is part of an overall transit picture that affects the entire Salt Lake Valley and could extend deeper into Utah County. He said various plans and studies for the light-rail extension have not changed since the suit was filed, but UTA is studying both its right of way and an alternative route near State Street.

"We try to work with the city and residents as best we can," Saley said. "But [interlocal] agreements allow us to go in there and build this."

CRT attorney Justin Heideman said the city demonstrated poor planning when UTA bought the right of way. He said Draper should have implemented a buffer zone for bike trails, running paths and backyards.

"Last time I checked, UTA doesn't run a ferry boat or a bike path, so it didn't take a nuclear physicist to understand what the intent would be," Heideman said. "This decision was made by the city, and it should be an issue that is [subject to referendum]. You're not going to allow a railroad station next to a kids' playground, yet we allow TRAX within a stone's throw of a backyard? This makes no sense."

sgehrke@sltrib.com

What's next

Utah's high court will hear arguments about whether Draper residents should be allowed to vote on a proposed TRAX route. No date has been set.

Justices will decide if dissidents have a legal voice in determining where trains will go
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