The Utah Court of Appeals has decided to send the case of BRAVE v. Beaver County back to Utah's highest court.
There, justices could rule on the constitutionality of SB53 and whether it renders moot a citizen-led effort to place a referendum on November's ballot over the planned $3.5 billion Mount Holly Club development proposed for land currently occupied by the Elk Meadows Resort.
"It's a positive thing that this went back to the Supreme Court," said Joel Ban, attorney for the residents group called BRAVE. "They're more experienced in these matters and their decision will be the final say."
Dan McDonald, an attorney with Smith Hartvigsen, represents CPB Development LC and Mount Holly Partners LLC.
"The Utah Court of Appeals was perfectly capable of making a fair and just decision," McDonald said. "But with the stakes being as high as they are in this case, either side would have appealed to the Supreme Court."
Margaret Wellman, treasurer for BRAVE, has battled Mount Holly's resort plan for more than two years.
"It will take very crucial water away from our ranchers and farmers," Wellman said.
"We're very hopeful that we'll win but nothing is a slam dunk."
In late April, Assistant Attorney General Thom Roberts wrote an opinion that courts would likely strike down SB53 as conflicting with Utahns' constitutional right to initiate local legislation or require a local ordinance to be submitted to a public vote.
cmckitrick@sltrib.com
* Utah lawmakers passed SB53, limiting local initiative and referendum rights, earlier this year.
* Last month, days after the law took effect, attorneys for a proposed resort in Beaver County cited SB53 as preventing a referendum on the development.
* The case, which had been in the Utah Court of Appeals, has now gone to the state Supreme Court.
Justices rule on the constitutionality of SB53, which would have implications statewide for the power of citizens to put local land-use issues on the ballot.
