Supreme Court orders
By David Anderson - Associate Editor
“This is great news,” said Charlie Hansen, one of the sponsors of Proposition 1.
In a ruling issued last month, Sixth District Judge Wallace A. Lee ordered the issue be removed from the ballot as it was illegal under the current law. However, legal counsel for the Right to Vote Committee filed an appeal and asked for expedited treatment of it by the Supreme Court. The hope of the Right to Vote Committee was to have Lee's ruling overturned or stayed so that the initiative would stay on the ballot.
In the decision, the court granted the petition of extraordinary relief and stayed Lee's decision. The court also said a more detailed ruling on the case will be forthcoming.
“We view this as a victory for the people of Sevier County,” said Jeff Owens, the Right to Vote Committee's lawyer. “Today's decision certainly validates the work I've done.”
Absentee ballots for Sevier County were mailed out Oct. 6 in compliance with state and federal election law. Placing the item back on the ballots posed a logistical challenge for the county.
“That's their problem,” Owens said. He said he was pleased that voters in Sevier County would have the chance to weigh in on the initiative.
The ballot initiative, if approved, would amend Sevier County's zoning ordinance so that any coal-fired power plant would be subject to voter approval prior to receiving a conditional use permit. Sevier Power has argued that the initiative would not affect the proposal to build a 275-megawatt power plant near Sigurd.
“The question is now whether or not the vote will affect this power plant,” said Fred Finlinson, legal counsel for Sevier Power. He said amending the conditional use permit statute of the county's zoning ordinance doesn't apply to his clients' project, because it was done under the county's planned unit development process. A PUD overlay zone for the project was approved in 2006.
The Supreme Court's ruling also stated that the court would issue a ruling on the merits of the appeal at a later date, which could include a decision on whether or not SB 53 is constitutional. The SB 53 law was passed by the Utah Legislature and makes voter initiatives illegal on land use issues. It was also part of the basis of the original ruling in the Sixth District Court.
Meanwhile, election officials in Sevier County have reordered ballots to make sure voters have a chance to have their say on the ballot initiative.
“All voters who already have their ballots will receive an addendum with Proposition 1 on it,” said Barbara Crowther, deputy clerk for Sevier County. She said the county is working to make sure it follows the order given by the Supreme Court and is planning to send out voter information packets this week.
“Anyone who is a registered voter will have the opportunity to vote on it,” said Steve Wall, county clerk. He said the additional cost for the new ballots could be approximately $4,000.
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Reader Comments
Go SPC wrote on Oct 15, 2008 9:06 AM:
Cant wait to see the look on Elaines face after SPC breaks ground in the spring. "
WASTE wrote on Oct 15, 2008 9:30 AM:
S.P. to Go SPC wrote on Oct 15, 2008 9:58 AM:
Justin Wanderer wrote on Oct 15, 2008 10:47 AM:
I'd say it's a 60/40 right now on how the rulling will come out. 60% chance of them saying sb53 is unconstitutional 40% chance the sigs were in before the deadline.
I'm watching my e-mail with great anticipation of a link to the rulling when it's issued. "
Huh wrote on Oct 15, 2008 1:01 PM:
Go on with your hero worship, that's all she's really after anyway.
And by the way, SB53 hasn't been overturned. All this ruling means is that Judge Lee's order was stayed. "
880Metzeler wrote on Oct 15, 2008 2:16 PM:
Sam Morgan wrote on Oct 15, 2008 2:57 PM:
The county needs money wrote on Oct 15, 2008 3:29 PM:
_ wrote on Oct 15, 2008 3:49 PM:
to the county needs money wrote on Oct 15, 2008 11:02 PM:
SP to Huh wrote on Oct 15, 2008 11:05 PM:
Huh wrote on Oct 16, 2008 9:42 AM:
Dumbo To Huh wrote on Oct 16, 2008 10:12 AM:
To Huh wrote on Oct 16, 2008 12:47 PM:
To Go SPC wrote on Oct 16, 2008 1:05 PM:
Sheesh wrote on Oct 16, 2008 1:06 PM:
Huh wrote on Oct 16, 2008 1:14 PM:
PP Supporter wrote on Oct 16, 2008 2:56 PM:
Donkey Kong wrote on Oct 16, 2008 3:00 PM:
to Donkey Kong wrote on Oct 16, 2008 4:15 PM:
P.S. I suggest you make the bag before you use it for the purpose you describe though! ,,......just a suggestion. "
To Sam Morgan wrote on Oct 16, 2008 4:42 PM:
To Donkey Kong wrote on Oct 16, 2008 4:53 PM:
To wrote on Oct 16, 2008 6:13 PM:
Sick of the DRAMA wrote on Oct 16, 2008 9:19 PM:
One other thing is why is every one so upset over the power plant when the oil companies are drilling up central utah, no one's throwing fits about that.
OH WAIT, EVERYONE IN SEVIER COUNTY THINKS THEY'RE GOING TO GET RICH OFF OF THE OIL THAT MIGHT, MOST LIKEY ISN'T, ON THEIR LAND.
People in this area need to get their priorities straight before they start pushing their ideas onto others.
PRIORITY 1-Our economy if failing, and failing fast. People are losing their jobs everyday in this supposed "best" county. On the whole "sevier is the best county" I know several people who live outside the county in smaller ones like Garfield, Piute, Wayne, and Emery who consisitenly make more money doning the same jobs as Sevier county people and the Seveir county people are BARELY making minimum wage.
Last thing is for all those either for or against the power plant, GET A MIND OF YOUR OWN!!!! Stop being followers,and stop being scared of change. Change will happen wether you want it to or not. "
Huh wrote on Oct 17, 2008 10:03 AM:
Of course this is coming from a person who claims to have served a six year mission for the LDS church in Tonga, for which she never received a call [for those that don't know, that's not the way the LDS church works]. Yeah, honesty. "
Homer Simpson wrote on Oct 17, 2008 10:12 AM:
I would love to see charges of slander be pressed on this person. To all you opposing worthless Tree Huggers out thier, on the other end of your computer is a Coal Fired Power Plant producing the power you hippocrits are using to oppose this plant with, I doubt Elaine has a windmill at that shack she lives in. "
To sick of the drama wrote on Oct 17, 2008 10:45 AM:
To Drama wrote on Oct 17, 2008 10:51 AM:
DooDaa wrote on Oct 17, 2008 12:58 PM:
"sick of the drama" posts all sorts of red herring and other sorts of non sequitur arguments along with inappropriate comparisons, as if it's a valid approach to this issue.
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Here are some facts:
FACT: A coal fired power plant of the proposed magnitude will emit a very large amount of pollution into the air of this valley.
FACT: A coal fired power plant of the proposed magnitude will create a very large amount of coal ash which requires disposal and/or treatment.
FACT: There has been no independent impact study done by a professional organization to define the potential consequences to the air quality of this narrow valley. A valley which has been proven to be prone to air inversions.
FACT: There has been no detailed plan provided for cradle to grave treatment of coal ash, nor has there been an impact study done as to potential consequences to water & ground. Processes are being defined, but no detailed plan or impact study.
FACT: The environment of this valley WILL change if this plant goes in.
FACT: We have no definitive way to know WHAT the changes to the environment of this valley will be.
FACT: Those entities who have the responsibility to assure that our valley makes the best possible choices when it comes to economic development have not required the developer to provide definitive answers to the above factual issues.
FACTS: Pristine is a good word to describe the current atmospheric conditions in Sevier Valley. A pristine environment is a very positive and desirable attribute as to a place to live for the average U.S. citizen.
FACT: If this plant is built, Sevier Valley will no longer be able to claim a pristine environment.
FACT: Sevier Valley has long outdone any Utah rural counties which have coal fired plants, in terms of economy and desireability. "
_ wrote on Oct 17, 2008 4:35 PM:
To Doo Daa wrote on Oct 17, 2008 11:38 PM:
FACT wrote on Oct 19, 2008 7:41 PM:
Fact: We all use power but no one wants a power plant.
Fact: I think that those that don't want a power plant should go shut off all of there power and see how long it takes that to change there minds.
FACT: Everyone sure is glad to use power ---- BUT know one seems to want it in there back yard. SOMEONE has to. If you don't want the power, then STOP using it. "
DooDaa wrote on Oct 20, 2008 9:42 AM:
I would argue that there is no evidence whatsoever that I or anyone else doesn't want a power plant. Speaking for myself, I can definitively say that I don't want this particular coal fired power plant in this particular location...and...I believe there are many clear thinking folks in Sevier Valley who thoughtfully take this same position.
I would surely be in favor of power plants of several different varieties in many different sorts of locations. I would be in favor of certain types of power generation in Sevier Valley if in fact they were to prove to be viable.
I would certainly be in favor of solar generation here in Sevier Valley, and that could very well be a feasible option given the clear skies and the quantity of sunlight that Sevier Valley currently receives in a given year. "
I agree with DooDaa wrote on Oct 20, 2008 10:31 AM:
Dumbo wrote on Oct 20, 2008 10:38 AM:
To Go SPC wrote on Oct 20, 2008 10:58 AM:
Jeeze wrote on Oct 20, 2008 1:14 PM:
If you look at the piece of paper that you are flaunting as a CUP application, you will see that it makes mention of this being in a PUD zone.
So if they have a PUD, then why are you trying to say this is a CUP? "
To Jeeze wrote on Oct 20, 2008 3:24 PM:
To Jeeze wrote on Oct 20, 2008 5:09 PM:
Chapster wrote on Oct 20, 2008 5:55 PM:
I give Elaine a lot of credit for being at least open to others' ideas in supporting Constitution Party candidates. I don't agree with her on the plant, but I DO respect her for being open.
To some of you on both sides that insist on rudeness, obviously you didn't read my first column where I said that both sides are well meaning and sincere. Just because you have an honest difference of opinion, that doesn't mean that the other side is an idiot or evil. Get a life, PLEASE! If anything, you show your ignorance of human nature and are to be discounted summarily.
As to the "as everyone knows ..." sorry, not everyone "knows" any such thing. You broadcast your closed-mindedness and bigotry with such statements. Best not to comment and remove all doubt as to your innate foolishness, in my opinion. "
A vote for your right to choose wrote on Oct 20, 2008 6:41 PM:
To Chapster wrote on Oct 20, 2008 6:51 PM:
Ed Masterson wrote on Oct 21, 2008 12:25 AM:

Justice at Last wrote on Oct 14, 2008 7:37 PM: