But they did get a meager victory.

A 3rd District judge promised that he would make a decision in their case well in advance of the Nov. 8 election.

"Our interest is expediting this," said James Tracy, attorney for the citizens group Riverton United.

Third District Judge John Paul Kennedy set another hearing date for Aug. 29 to hear final arguments on whether to allow a petition opposing construction of the big-box retailer and 800 housing units near 13400 South and Bangerter Highway (about 4000 West).

Riverton United wants to turn back last year's City Council decision to rezone the land to make way for the development. The city's recorder, Stacy Olsen, had ruled that the citizens' challenge could not be taken to voters in a referendum.

The court challenge boils down to where residents were told to file their petitions.

They filed the signatures with the Salt Lake County Clerk. But now, Riverton, the developer and the land owners argue they should have filed the petitions with the city recorder. And, failing to do so, the defendants maintain, kills the referendum.

In February, 3rd District Judge Bruce Lubeck dismissed the majority of claims based on that argument.

A Utah Supreme Court decision has revived the issue. Earlier this month, the court unanimously ruled that Sandy City must allow a referendum on a 100-acre development - this one also involves a Wal-Mart - within its boundaries. In that case, the Supreme Court ruled that city councils should be liberal in interpreting which issues can be presented to voters.

Tracy argued the step-by-step procedures also should be interpreted in the same manner.

The decision "absolutely crystallizes [that] the referendum statute is to be interpreted liberally to the favor of the right to vote," he said.

City officials and developers don't agree.

" 'Substantial compliance' can't be enough," said David Church, an attorney for Riverton, who argues that citizens should precisely follow the letter of the law. Tracy argues that the law is not that precise.

Another key argument - Kennedy spent much of the hearing quizzing attorneys on this point - is whether city officials waived that requirement by telling the citizens group to file the petition with the county clerk.

Church last year told the citizens "I don't care" when he was asked where the petition should be filed. The city recorder reportedly had a similar response.

The city's attorney acknowledges he said that. On Monday, he said, "In hindsight, it makes a difference" where petitions are filed.

jsantini@sltrib.com