Four days after U.S. District Judge Ted Stewart ruled the east-side-only vote did not violate the U.S. Constitution's equal-protection clause, Herriman asked the 10th U.S. Circuit Court of Appeals to reconsider.
The appeal, filed in Denver on Monday, came as no surprise to attorneys for east-side cities. Herriman's attorneys had promised to challenge Stewart's decision.
Stewart ruled, among other things, that the school-district issue dealt with political subdivisions, which were appropriately determined by the state's Legislature.
The Denver court already has dismissed one Herriman appeal on the district split.
In December, the appellate court denied the city an injunction that would have prevented Salt Lake County Clerk Sherrie Swensen and Lt. Gov. Gary Herbert from counting and certifying ballots cast in the Nov. 6 election.
Only voters in Sandy, Cottonwood Heights, Alta, Draper, Midvale and parts of unincorporated Salt Lake County were allowed to cast ballots on the school district issue.
sgehrke@sltrib.com


