Stopped dead two months ago, The Cottonwoods was back on track Wednesday with a court ruling that orders Salt Lake County to schedule an election on the proposed new city.
Third District Judge Homer F. Wilkinson granted the incorporation proponents' motion for an extraordinary writ, telling the county to put the issue on the ballot before Jan. 7.County commissioners had refused to allow a vote on the proposed city, arguing that the loss of the tax-rich Cottonwood Mall to a city of 6,800 residents was unfair to the rest of the unincorporated county.
Incorporation organizers argued then and in court that state law requires the county to hold an election, and Wilkinson agreed. Trisha Topham, who has been leading the drive to incorporate the Holladay area community, was elated by the judge's ruling.
Deputy county attorney Gavin Anderson said the County Commission likely will decide within the next week whether to appeal the decision. He said he believes the county's original position remains legally defensible.