Utah and Sanpete county officials are awaiting an opinion from the state attorney general's office before deciding whether to place a Thistle man's request to annex 110 square miles of Utah County into Sanpete County on the November ballot.

On May 29, Shirrel R. Young presented officials from both counties with a petition, signed only by him, asking that mountain property east of U.S. 6 and south of U.S. 89 to the Utah-Sanpete County line be placed before voters of both counties for annexation into Sanpete County.Young, who lives in a small trailer next to the old Thistle schoolhouse and who also has an apartment in Provo, claims Thistle as his legal residence. He said he wants to leave Utah County because county planning officials will not give him a permit for a flagpole. He filed suit against the Board of Adjustments in February for denying his request.

Utah County officials said they don't care if Young flies a flag, but they will not give him a permit for a flagpole because his trailer does not meet the requirements of a permanent dwelling.

According to state law, when the majority of those who voted in the last election from a certain area petition to annex into another county, the issue must be presented to voters in both counties. Young claims to be the only resident of the proposed annexation area who voted in the last election and he therefore claims to be the majority.

However, the Utah County attorney's office has asked the attorney general's office to rule on whether Young's petition is binding. Officials are unsure whether the law means property owners in the proposed area had to vote in the district included in the area, or if they could vote in another district and still be considered a participant in the petition. Also, they don't know if the map submitted by Young is adequate in describing the area proposed for annexation. The map does not define the area with metes and bounds.

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Sanpete County commissioners discussed the issue briefly during their June 2 meeting and decided to follow Utah County's lead. If Utah County places the issue on the ballot, Sanpete County will place the issue on the ballot.

When Utah County commissioners hear from the attorney general's office they will discuss the annexation request at the following commission meeting.

However, because Young may have found a loophole in Utah's law, Utah County commissioners said they will push to have the law changed. They will ask local legislators to introduce legislation next year requiring those who petition for an issue to be placed on the ballot to pay the expenses associated with doing so.

"Our county employees are spending valuable hours researching something that only affects one person, and that person ought to pay for it," Commissioner Gary Herbert said.

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