U.S. District Judge Ted Stewart ruled Friday that the vote leading to the Jordan School District split was constitutional, and he denied Herriman's demand that west-siders get a vote on the issue.

Says attorney Blake Ostler, who represents Herriman: "It clears the way for us to move forward to the 10th Circuit." He said the city would appeal the decision to the Denver-based court within the next 30 days.

Herriman had sued Lt. Gov. Gary Herbert and Salt Lake County Clerk Sherrie Swensen to stop the November 2007 vote, or prevent the ballot counting and certification.

The city lost that cause, and the vote went on without a west-side voice.

Herriman persisted, alleging the split was unconstitutional.

But Stewart said the Legislature's statutory scheme is in line with the U.S. Constitution's equal-protection clause.

In an earlier ruling, which allowed the November election to proceed, Stewart noted that states can restrict elections to those living in the relevant jurisdiction - in this case the east side. The state, he wrote, has the sole discretion to draw political subdivisions, and that was done based on geography in this case rather than on race or some other impermissible factor.

Cottonwood Heights Mayor Kelvyn Cullimore was pleased with the Friday ruling.

"Hopefully, this puts to rest that one doubt people have had as to whether there's a chance the new district creation may be stopped," Cullimore said.

sgehrke@sltrib.com