The sponsors of a referendum on the controversial Kimball Junction development collected 5,668 verified signatures, according to the county clerk.
That’s about 1,000 more than needed to put the Dakota Pacific Real Estate development agreement, approved in December 2024 by the Summit County Council, on the coming November ballot. But whether that can happen is up to a judge.
Summit County Clerk Eve Furse said in June residents didn’t meet the threshold after rejecting 2,454 signatures in 30 signature packets she found were three-hole punched then spiral bound.
She says photos show three-hole punched signature pages were separated from their packets and says that’s not allowed. Five residents have challenged that in 3rd District Court.
“Binding is one of those things that is subjective, and the clerk chose to take a very conservative view of it, based on what I would say is pretty spotty evidence,” one of the petitioners, Lincoln Project co-founder Reed Galen, said on KPCW’s “Local News Hour” July 15.
In a response filed in court July 14, Furse said both sides informally agreed to an expedited process to resolve the case in time for the November election.
Judge Richard Mrazik will decide whether the more than 2,400 signatures which Furse initially rejected should in fact count toward the petition total.
If he says they do, the referendum isn’t automatically on the November ballot.
Residents appear to have secured signatures from at least 16% of Summit County voters, but those signatures must also be spread evenly across the county. Specifically, 16% of registered voters in at least three of four total voter participation areas need to have signed.
“There is no plan to release an update on the voter participation areas at this point,” Summit County spokesperson Derek Siddoway told KPCW. People have 45 days to remove their signatures from the day the Utah Lt. Governor’s office posts them.
Next, both sides will submit written arguments to Mrazik and petitioner Angela Moschetta said she expects a hearing in August.
By then, Summit County may have approved a new development agreement with Dakota Pacific Real Estate under a new state law, Senate Bill 26.
SB26 appears to allow the 725-unit neighborhood and public-private partnership at the center of the controversy.
The referendum process got underway after the county council approved the project in December. But SB26 authorizes a new, largely similar development agreement that wouldn’t be subject to a countywide vote.
County Manager Shayne Scott is scheduled to consider approving the new agreement under that state law July 28.
No matter what, Moschetta said it’s still important to get the first development agreement on the November ballot.
“If we do, and if it succeeds as a ballot referendum, then it becomes a constitutional fight, right?” she said on KPCW’s “Local News Hour” July 15. “Does SB26 — which was presented and considered and signed after we began this referendum process — does that take precedence, or do we? But we have no say in that fight if we don't win this one first.”
A hearing in the court case over the referendum hasn’t been scheduled.
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