The Utah Transit Authority and the City Council want TRAX to loop through Draper's east end along a right of way the agency bought from Union Pacific in 1993.

The council, in late 2006, approved a resolution that supports UTA's choice and allowed the agency to seek federal funding for the extension.

Attorneys told justices during a hearing Tuesday morning that the City Council's resolution was not a legislative action. Therefore it cannot be challenged through the resident-driven referendum process.

"This resolution is nothing more than a statement of preference," UTA attorney Cullen Battle told the high court Tuesday, adding that Draper officials in no way decided where UTA can implement regional transit.

Meanwhile, a wide group of residents say light rail fits better farther to the west, away from their low-density neighborhoods and along the city's commercial corridor.

They had challenged their elected officials with a petition calling for a referendum, but the 3rd District opinion stopped that action and said the council's resolution could not be challenged by referendum.

The state Supreme Court could take months to make a ruling.

sgehrke@sltrib.com