Saying nothing has changed, Salt Lake County commissioners Wed-nes-day upheld their earlier decision not to allow a vote on the proposed incorporation of The Cotton-woods.
In a petition for reconsideration, the residents' attorneys, including R. Paul Van Dam, former attorney general and county attorney, said that under state law, "The ultimate decision with respect to incorporation lies with the voters."According to the law, commissioners "must proceed with an election unless a majority of the petitioners withdraw their signatures in writing." The lawyers said organizers polled the original petitioners and found "none of them" willing to withdraw.
Commissioners rejected the original petition for an election on grounds that the proposed city would take a disproportionate amount of sales taxes away from the rest of the county. With a population of about 6,800, The Cottonwoods would reap a budget surplus, mostly from the tax-rich Cottonwood Mall.
The commissioners said they would put the issue to a vote if organizers change the proposed city's boundaries to include more of the surrounding Holladay community or exclude the mall.
Organizers are exploring a number of options to force an election, including filing a court appeal or a lawsuit.