Saturday, July 02, 2005

More on Sandy Referendum Ruling

You can read a couple of press accounts of the Supreme Court ruling on the Sandy City referendum in the Deseret News and the Salt Lake Tribune.

Cynthia Long, a member of Save Our Communities, said, "You can fight city hall. If you believe in something, you should speak up and try to make a difference in something that truly matters to you."

It will now be interesting to see how this referendum vote plays out. Gives us something to look forward to and write about in the coming months.

One land use attorney apparently didn't go away for the long weekend. Neil Lindberg, legal counsel to the Provo City Council and consultant, called me Friday evening and chatted with me about the ruling. Neil agrees that the ruling will potentially result in many more referendum challenges to rezone actions and text changes in land use ordinances.

Neil also pointed out that while we may not particularly like the direction things will now head as a result of this ruling, it is a very well reasoned opinion. He particularly thought the discussion in the ruling on vested rights and on administrative and legislative actions was very good. He did caution that it looks like the court is taking the position that governing bodies should not be making administrative decisions.

Neil plans to send out his thoughts on the court's decision to the Utah APA listserve shortly, so watch for that.

Well, I'm off to Montana and Washington state! Have fun, it will be interesting to see the fallout from this decision that will have happened by the time I get back.

See you after July 11.


At 8:00 AM, Blogger Nicole said...

The decision reflects the changes made in SB60. While may smaller towns, cities and rural counties may tend to ignore the direction of separation of powers, this decision may force them to take a serious look at their operation. I know of too many small communites where the legislative branch is the "do all" and leave very little to administrative boards, commissions and officers. The writing is on the wall, and those who wisely see the direction this is going will make those adjustments in how they do government.


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