Herriman has decided to appeal a judge's ruling that denied the city's request to not count possible east-side votes toward forming a new school district.
The city decided at a City Council meeting Thursday night to appeal the decision that was made by Judge Ted Stewart in Utah's U.S. District Court last Friday.
Stewart denied Herriman's request for an emergency injunction on the vote because he does not think the city has a probable cause of winning its case.
Herriman's lawsuit also asks for the legislation that forbids west-side residents from voting on the possible creation of an east-side school district to be deemed unconstitutional.
The city's appeal will be filed with the 10th Circuit Court of Appeals in Denver where a panel of judges will hear the case.