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West Hills town sponsor and real estate attorney Derek Anderson appealed to the Utah Supreme Court Oct. 17.
He’s arguing that 3rd District Court Judge Matthew Bates was wrong to block a vote on the town proposed between Kamas and Hideout weeks before the election.
Bates deemed parts of Utah’s incorporation law unconstitutional, while Anderson maintains the process he followed complies with the Utah Constitution.
His petition, filed with the state’s high court, says justices must “remove the cloud over the election” and allow votes to count.
“Voters now lack clarity about whether to complete and submit their ballots and whether their votes will count,” Anderson’s court papers state. “At present, their votes will not be counted.”
The Utah Supreme Court agreed to take up the case within a day and is asking parties to file all arguments by Oct. 24 so the justices can issue a ruling before the Nov. 4 election.
If the supreme court rules in his favor, the number of people voting will have more than doubled.
According to Summit County Clerk Eve Furse, there are now 96 registered voters within West Hills’ 3,600-acre boundaries.
In January, there were just 47.
Some of them have registered within the past week, after mail-in ballots already went out. They may not receive ballots in the mail unless the Utah Supreme Court decides the election must go on.
