City of Herriman v. Bell, No. 08-4056

In an Equal Protection challenge to a Utah statute that allowed cities, through an election open only to residents in the proposed new district, to detach from an existing school district, summary judgment for defendants is affirmed where the electoral scheme furthered, among other things, the state's interests in promoting local control of public school districts by extending the franchise only to those voters who would reside in the new district.

Read City of Herriman v. Bell, No. 08-4056

Appellate Information

Filed January 7, 2010

Judges

Opinion by Judge Tymkovich

Counsel

For Appellants:

Blake T. Ostler and Jeffrey R. Olsen, Mackey Price Thompson & Ostler, Salt Lake City, UT

For Appellees:

Jeffrey L. Shields and Brent A. Burnett, Callister Nebeker & McCullough, Salt Lake City, UT