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Dakota Pacific referendum could be in limbo for month or more

Summit County Clerk Eve Furse rejected 30 of the 77 signature packets her office received in part because she said they were three-hole punched as well as spiral bound.
Connor Thomas
/
KPCW
Summit County Clerk Eve Furse rejected 30 of the 77 signature packets her office received in part because she said they were three-hole punched as well as spiral bound.

The Summit County Clerk's Office is waiting to formally declare residents' petition insufficient.

The Summit County Clerk’s Office has processed all signatures it received for a referendum petition on Dakota Pacific Real Estate’s December development agreement.

According to Summit County Clerk Eve Furse, the petition sits about 1,000 signatures short of what’s needed to put the western Kimball Junction project’s approval to a November vote.

But she hasn’t officially called it. Her office told KPCW it has until June 23 to announce a final decision on the petition.

“My suspicion is that the trigger for a lawsuit would be the official declaration by the clerk as to the adequacy or inadequacy of the petition,” Summit County Councilmember Chris Robinson said on KPCW’s “Local News Hour” last week.

The seven residents sponsoring the referendum declared on their website, Protect Summit County, that they’ll “pursue legal remedy to reinstate the rejected packets” if the clerk turns them down.

They’re referring to 30 of the 77 signature packets they submitted that the clerk’s office found were bound incorrectly and therefore “invalid.”

The sponsors say they’ve followed state code and believe the potentially thousands of signatures in those packets should be validated. They say the referendum will be sufficient if they are included, putting the development’s approval in the hands of voters in November.

Furse cited photos she says show three-hole punched sheets being signed before being spiral bound. She said signature sheets and the ordinance the referendum would overturn must be bound together before residents sign.

Back in December, the council voted 4-1 to allow Dakota Pacific to build 725 units of housing near Skullcandy’s headquarters in the Snyderville Basin. The agreement stated the company would also help the county redevelop its transit center, library and the surrounding area.

Residents have raised concerns about traffic, and thousands endorsed the petition to reverse the council’s decision.

But the Utah Legislature passed a law this year, Senate Bill 26, that may make the referendum moot. It gives Dakota Pacific development rights that wouldn’t be subject to a referendum, and the county is complying with it.

Separately, the company has filed to turn its land into a town, which would give a self-appointed board land use authority.

CEO Marc Stanworth said the company is assessing risk and hasn’t decided on a path forward yet.

Summit County is a financial supporter of KPCW. For a full list, click here.

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