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Denver » A federal appellate court is now deciding whether the election that triggered the split of the Jordan School District was legally flawed because some voters were excluded.
Three judges of the 10th U.S. Circuit Court of Appeals heard arguments Wednesday on the city of Herriman's contention that the Utah law defining who could vote is unconstitutional.
The law allowed the polling of residents of Sandy, Draper, Cottonwood Heights and Midvale. Herriman's attorney, Blake Ostler, told the judges that legislators had improperly defined the "relevant geographic area."
But a key issue for the four cities is resolving who defines the relevant area, said their attorney Jeffrey Shields.
"Who should decide the issue: the Utah legislature, or should it be a federal court?" Shields asked rhetorically.
The four cities sought the split of the district between east and west. The move was spawned by eastsiders unhappy with decisions made by the Jordan District board, which they saw as favoring the west side. Implementation of the split is underway.
As is typical, the appellate judges, in their questions and comments, did not tip their hand about which way they were leaning. Their decision is not expected for months.
Herriman is appealing U.S. District Judge Ted Stewart's March ruling in Salt Lake City against its challenge to the law and the election. Specifically, the city contends the election violated the Constitution's guarantee of equal protection because its residents were not allowed to vote on the split.
The law authorizes only residents of cities that propose a new district to vote on whether to split away from an existing district.
The four cities contend it is too late for the appeals court to order a reversal. "The court cannot unscramble the egg," the cities claimed in written arguments submitted in advance.
After the court session, Ostler said he disagrees, offering two likely options if the appellate judges decide the election was illegal. One option would be to let the split proceed but bar future elections under the law.
The other option, Ostler said, "would stop the split of the school district." Based on U.S. Supreme Court precedent, he said, he believes that is the more likely outcome if the judges reject the law and the election.
Herriman Mayor J. Lynn Crane, who attended Wednesday's arguments, said afterwards, "We're interested in having our constitutional rights [to vote] recognized." Officials from the four east-side cities did not attend.
Appeals judge Michael Murphy of Salt Lake City is on the panel deciding the case, with Judges Deanell Tacha of Lawrence, Kan., and Timothy Tymkovich of Denver. The Denver-based court has jurisdiction over cases from Utah, Wyoming, Colorado, New Mexico, Oklahoma and Kansas.