This time - briefs to the state's highest court have been filed twice before - the concern is over the city's 80-word statement to tell voters what it is considering. Problem is, citizens who have opposed the development plans at the gravel pit read the statement as pushing voters toward supporting the project.

They also think the statement penned by City Attorney Walter Miller doesn't really tell voters what the issue is.

"You should be able to read it and come to a wise decision," said Roy Ostendorf, a member of Save Our Communities and owner of Ski and See at the Sandy Mall. "It is so ambiguous."

"It does not allow for a fair vote of the people," he added.

The gravel pit - at 9400 South and 1000 East - has been a contentious project since The Boyer Co. asked the city to change the zoning to allow for retail and big-box stores. The plans call for a Super Wal-Mart, Lowe's Home Improvement Warehouse, a smattering of smaller shops and restaurants, and more than 300 housing units to be built on the 107 acres.

Save Our Communities has forced an election on the zoning change, which was approved by the City Council in November.

The city is allowed a 100-word explanation statement that can go on the ballot.

"We're open to anything," Miller said. "I just want to get it on the ballot."

Miller says he talked to the citizens group, the developer, the land owners and elected officials before publishing the statement. He decided to use language from the ordinance passed by the City Council.

"The way [statements] are written can make or break a referendum," said Robin Bagley, a member of Save Our Communities who lives in Salt Lake County.

Feeling that a confusing statement can kill their efforts, Save Our Communities is mulling a request that the Utah Supreme Court review the statement.

The court should be familiar with the debate.

On July 1, justices unanimously ruled the citizens had obtained enough signatures to force a vote. On Monday, The Boyer Co. and the landowner petitioned the court to rehear the issue. A decision on whether to allow the rehearing is pending.

jsantini@sltrib.com