SALT LAKE CITY — An appeals court has upheld the creation of the east-side Canyons School District, saying that the constitutional rights of voters who were ultimately left out of the decision were not violated.
The 10th Circuit Court of Appeals had taken more than a year on the case before its ruling Thursday. The case had been brought by the city of Herriman and groups of residents from Salt Lake County's west side.
They claimed that the 2007 election, which ended up splitting the Jordan School District, was handled unfairly. The court, in its opinion, acknowledged that "it may have been better for the (Utah) Legislature to expand the electoral district to include all residents of the existing (school) district."
Attorney Blake Ostler, who represented the group of individuals led by former Herriman Mayor Lynn Crane, said the court's decision sets a precedent for creating new school districts by splitting from existing ones, resulting in more money going to costly district divisions "instead of going to pay for education."
"When you've got a wealthy area that doesn't want to pay for the growth of a growing area, they'll detach themselves in their greed to avoid having to pay for the development of education in areas that can't afford it," he said. "It becomes a way of protecting the rich. It's a disaster waiting to happen."
Utah Senate President Michael Waddoups, R-Taylorsville, said the Legislature failed to see the problems in advance and "ended up with some hurtful legislation."
Waddoups had argued unsuccessfully that all residents of the former district should have been able to vote on the split. Now, he said, lawmakers are likely in their next session to look at making sure that happens in future district splits. "We're not going to go back and reverse the school split," he said.
Had that requirement been in place before the vote that created the Canyons District, Waddoups said, the split never would have happened. "I do not think we would have seen the split because it just barely passed," he said, adding that west-side residents, who typically have lower incomes and lower property valuations, felt the larger district "spread the cost around more equally."
The Senate leader said he wished the court had decided to throw out the vote and had ordered a new election. "That would have been the best result," he said.
Canyons officials, however, were pleased with the court's affirmation.
"We will continue our work to provide optimal educational services to students within the cities and communities that comprise the district, now and in the years to come," said superintendent David S. Doty and school board President Tracy Cowdell, in a combined statement.
The east-side residents won the split with 52 percent of the vote in 2007. Legal appeals have been active ever since, as Herriman city officials believed the process violated guaranteed equal-protection rights of the Constitution.
The appeals court's decision came after U.S. District Judge Ted Stewart had ruled against the city of Herriman, which led the plaintiffs to continue the fight.
Originally, all of Salt Lake County's west-side cities were on board with the appeal, but Crane said they dropped out one by one until just Herriman and Taylorsville were left to fight for the rights of all of the Jordan District's resident voters. He said the group that didn't have a say ended up being "tremendously adversely affected" with at least one large property tax increase so far, "and probably more to come."
Despite losing a large chunk of tax revenue to the newly formed district, Jordan district spokeswoman Melinda Colton said the district is ready to move on.
"We're at the point now that it's about moving forward," she said. "We had to anyway, as of July 1."
It is unknown whether there will be any further action on the matter, which would require an appeal to the U.S. Supreme Court.
Contributing: Lisa Riley Roche
e-mail: wleonard@desnews.com