Now, six months after city leaders approved the retail outlet and nearly two months since they quashed a referendum designed to stop the big-box store, development opponents are getting their day in court.

Today at 2 p.m., the Utah Supreme Court will hear oral arguments - a departure from its usual summer schedule - on whether the issue belongs on a ballot.

In January, a lame-duck City Council approved Hamilton Land Co.'s mammoth 100-acre commercial development along with about 800 high- and medium-density housing units.

A referendum petition opposing the project, signed by 5,084 residents and certified in April, was left in limbo after the City Council voted 3-2 in May to divide the development into four parcels.

That change effectively required petition sponsors to go back and gather signatures to prevent development on each of the parcels.

"We did everything under the law we were supposed to do and still got no vote," says Dennis Sampson, one of the petition sponsors. "That's what we're challenging."

Ken Roberts, a Riverton father of five children ranging from a seventh-grader to preschool twins, is terrified about the added congestion the development would bring.

"I just hope it gets delayed long enough that the developer is forced to make some concessions," he says. "I'm most worried about the schools."

Four schools span the project area, which is just east of Bangerter Highway south of 11800 South.

Mayor Mont Evans, noting the plan calls for recreational fields, has consistently called the development a "good project" for all of Riverton. He maintains the commercial component, anchored by Wal-Mart, would provide crucial sales tax revenue for the fast-growing suburb of nearly 30,000 people.

But opponents are digging in their heels.

Now sporting a name - Riverton United - and a Web site, the group gathered about 3,500 signatures opposing each of the four parcels. The names were submitted a month ago to the Salt Lake County elections office, which has until 120 days before the November 2005 election to verify their authenticity.

But Sampson worries the project could be half built before voters get their say - unless the courts intervene.

"That's why we're at the Supreme Court," he says. "If citizens have the right to challenge zoning rulings, they should have the right to do so in a reasonable time frame."

After today's hearing, a decision could come within a couple of weeks, according to Supreme Court Clerk Pat Bartholomew, adding that election matters typically are a priority for the justices.

Meanwhile, the Riverton City Council postponed last week's site plan review for the project, opting to wait for the court ruling.

Council member Lisa Leonard says the developer is eager to get started, but wants to exercise caution.

I guess the court could come back and say, 'You have to tear it all down,' Leonard says. "I'm sure they don't want to do that."

djensen@sltrib.com