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The company has one year to file final paperwork and make a town out of the 50 acres it hopes to develop.
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Whether or not the town happens is up to the developer, not voters.
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While the developer seeks permits and administrative approvals, its application to form a town is still active.
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Utah law requires a public hearing on the town, but a 2025 state law appears to allow the development regardless of whether incorporation proceeds.
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Local government took the ordinance off the books since a state law allows the project anyway.
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A judge had ruled the referendum moot since the Kimball Junction development is allowed under state law.
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Protect Summit County wants the county council to undo the Kimball Junction development's first approval, paving the way for a second legal challenge.
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A judge says a referendum wouldn't have any effect on the controversial Kimball Junction development because it's allowed under a new state law.
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A pending court case concerning the referendum on the December agreement loomed over their decision Wednesday.
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The clerk's attorneys responded to a citizen petition in court Monday, arguing Utah referendum law is black-and-white.