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Supreme Court orders

Jeff Owens, left, legal counsel for the Right to Vote Committee, listens as Cass Butler, attorney for Sevier Power Company, addresses Utah Supreme Court justices Matthew B. Durrant, Chief Justice Christine M. Durham, Michael J. Wilkins and Jill N. Parrish, along with Ronald E. Nehring in Salt Lake City Oct. 8. After hearing oral arguments from both sides, the court issued an order, which placed a citizen initiative back on the ballot.

By David Anderson - Associate Editor
Tuesday, October 14, 2008 2:29 PM MDT
The Utah Supreme Court issued a decision Oct. 8 that places a citizen initiative issue back on November's ballot.

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

" That's why we have a Supreme Court, To correct laws that may be unconstitutional ( example SB53) Jeff Owens is right, ''This is a victory for the people of Sevier County''. It is more than that, it is a victory for all of Utah.Unjust laws and those that are not constitutional must be corrected and was in this case. A BIG THANKS TO THE RIGHT TO VOTE COMMITTEE FOR ALL OF THEIR HARD WORK "

Go SPC wrote on Oct 15, 2008 9:06 AM:

" Too bad this was a wasted effort, Thanks to Elaine messing up voters will be voting on a CUD, unfortunatly SPC is not seeking a CUD, they are seeking a PUD, so the vote is worthless, Oh Well !
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:

" Just think what the Right to Vote and Clean Air groups could accomplish if they were focused on a worthy cause. This vote is worthless, it is for future plants not this one. "

S.P. to Go SPC wrote on Oct 15, 2008 9:58 AM:

" Go SPC.... I am a lot sick of you "badmouthing" ....Elaine Bonavita. The whole state of Utah has Elaine to thank for the overturning of SB53 ..a totally unconstitutional statute imposed upon the people by "agenda driven" individuals. Thank heaven for the U.S. justice system who actuallu administered true justice. Go SPC you must be oblivious to the public printing of the actual CUP applied for and signed for by Rod Clark ..nice trick by the office of the Commissioners trying to swing that for Nevco! You again obviously do not realize that a PUD is totally inapproriate document for Nevco's purposes..read the applications of a PUD. Thanks to "The Right to Vote Committee" and the Supreme Court Justices the people will speak on Nov 4th and there isn't a darn thing you... " Do It's" can do about muzzling the people . GO CITIZENS OF SEVIER COUNTY!!!! "

Justin Wanderer wrote on Oct 15, 2008 10:47 AM:

" to Justice at last

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:

" I think what's good for the goose is good for the gander. Elaine badmouths everything and everyone who doesn't fall in line with what she thinks. She does it in a sugar coated way, but she attacks people all the time and says things that are simply not true.

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:

" Interesting that Mr. Finlinson would like to circumvent the will of the people by arguing semantics about the difference between a "Planned Unit Development" and a "Conditional Use Permit." Sounds like he'll be spending more of the county's money in legal wrangling. Traditionally a PUD is used in homeowners associations and sets up the need for Codes, Covenants and Restrictions as to the use of a residential housing development. This is the "craftiness of men" personified by Sevier Power Co. and some of our county officials. "

Sam Morgan wrote on Oct 15, 2008 2:57 PM:

" How would you explain the PUD that I developed in Richfield then that has residential, commercial, retail, etc???? All a PUD means is that the project has been PLANNED out from the beggining every thing that will be on that property rather than just being divided into lots and then let people build whatever they will at a later time. A PUD is appropriate for the power plant because the know exactly every structure and building that needs to be in place up front for the project and can be PLANNED for now. "

The county needs money wrote on Oct 15, 2008 3:29 PM:

" Worried about pollution from the power plant that will pollute less in a year than the schools, trucks or gypsum plants each do in a week. Why not go for the real problems and get them fixed? The money that will be brought in to the valley from the power plant will make solving those problems easer, as well as the fact that we will be able to pay law enforcement and education a living wage for a change they are on the bottom as far as wages go in the state and this state is on the bottom in the nation. What really is the agenda of those that do not want the power plant? When you can not get a good education for your children or you need law enforcement call them they are not part of the solution they are part of the problem. "

_ wrote on Oct 15, 2008 3:49 PM:

" Elaine messed everything up, She is celebrating a victory that is totally useless, she messed up the paperwork so bad that an extra truck load of white out is being shipped in to sevier county, To bad the vote will mean NOTHING , if Elaine had her stuff in order this may be differently, but instead a meaningless vote will be cast and will count for absolutly nothing. Thanks for messing up Elaine. Go Sevier Power, Git-R-Done !!! "

to the county needs money wrote on Oct 15, 2008 11:02 PM:

" Amazing that so many of you SPC supporters are so misinformed on all counts, 1.Comparisons with coal fired power plant polllution and schools? , trucks? and gypsum plants? You have to be kidding? Please be realistic and check documented facts on 24hr a day 365 days a year coal-fired pollution. 2. county needs money ..what do you think .....that Sevier County is failing or something? Our county is the best functioning county (unemployment rates, tax revenues, real estate ,businesses, tourism and visitors etc, etc it goes on) in the entire area. Go on line to other county websites and compare, do some homework! Find out about depreciation and how the STATE will access what the power plant taxes will be and not Sevier County. Find out how impossible it will be for our County to compile their budget..when they don't know how much Sevier Power dollars they will get to keep! Do you even know that Sevier County has to write a check to "pay back" the Sufco coal mine nearly every year for tax assesments the STATE has set..and the mine has appealed on..? 3. Schools..read the Sevier School District Impact Study available at the courthouse..get a clue how schools are funded and what power plant dollars in the school district will do to our tax assesments rates when the school district applies for the $1,000,000 new revenue they plan on seeking, from guess who...US. You are wrong the county does not need Sevier Power money. you REALLY must do some serious research before you start stating about , improved education ,law enforcement, wages, and solving problems! I think if you did find out the real story you might... and I say might be able to see this project for exactly what it is...a bad idea for our great county in alll areas . Incidentally, in answer to your question " what really is the agenda of those that do not want the power plant?". I'd have to tell you..we don't have an agenda..we don't have one..we just ..by honest research believe that Sigurd is not the right place to put this plant and we care passionately about the future health and welfare of the citizens of Sevier County. It's about , people and health and the fiscal stability of Sevier County... that's it! "

SP to Huh wrote on Oct 15, 2008 11:05 PM:

" You got that wrong Huh, Elaine Bonivita doesn't "badmouth" or "attack" she tells the triuth...What a concept! "

Huh wrote on Oct 16, 2008 9:42 AM:

" No SP, she says she tells the truth, and she tells selective parts of the truth, but mostly what she does is tell the anti-power plant people what they want to hear. "

Dumbo To Huh wrote on Oct 16, 2008 10:12 AM:

" How is the printing of the big lie i.e.the copy of Nevcos Cup badmouthing? Face it Elaine exposed the Nevada Boys as being dishonest. So what do they do? try to kill the messenger by bad mouthing her. But what can you expect from a Do It? "

To Huh wrote on Oct 16, 2008 12:47 PM:

" Will you please give examples of Elaine's attacks and untruths? If you can't provide examples, you prove to be nothing more than a Do It. "

To Go SPC wrote on Oct 16, 2008 1:05 PM:

" If the Nevada boys wanted a pud, why did Rod Clark make an application for a CUP? "

Sheesh wrote on Oct 16, 2008 1:06 PM:

" I have met Elaine. I am neither a "Do-it" or a "tree hugger." Still waiting to see how all this pans out. However ... I was always taught if you don't have anything nice to say about someone (in this case, Elaine), say nothing. To that I have to say "

Huh wrote on Oct 16, 2008 1:14 PM:

" She's attacked the county attorney, called for his resignation saying he was trying to stop her vote or violate the rights of the citizens (he wasn't), she accused the county clerk of putting off her petition (when in truth, he had it done when he was legally required to have it done — her petition isn't the only thing in the world they have to do), she prints a very one-sided newsletter that seems aimed at nothing but questioning the integrity of people who don't agree with her. "

PP Supporter wrote on Oct 16, 2008 2:56 PM:

" Notice how everyone is out to get Elaine ??? She messed up ! Everything she has done here is for NOTHING , she has been not much shy of a big mouth flapping her gums, no doubt, but she has prevented nothing here, anyone could get a copy of NEVCO's application and a little white out or editing, you have it, it is just her dirty tactics, This vote means NOTHING unless another Power Plant tries to build in sevier county, it is for the future only, not to mention Elaine already messed up by voting on the wrong type of permit, thanks for messing everything up Elaine, you done it in great fashion, The red neck hillbilly way. "

Donkey Kong wrote on Oct 16, 2008 3:00 PM:

" Elaines little tree hugger newsletter is good for nothing but wiping your backside with. "

to Donkey Kong wrote on Oct 16, 2008 4:15 PM:

" What an eloquent writer you are! But I would suggest you make the "tree hugger" newspaper into a bag and slip it over your head so you can go about your business in total ignorance...to the facts on any subject!
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:

" Where can I go to see the official plan that Sevier Power has submitted ..laying out exactly what the planned buildings will look like and where they will be located on this PUD? "

To Donkey Kong wrote on Oct 16, 2008 4:53 PM:

" You are without question a true DO It.Keep up the good work. You help our cause with your show of class. "

To wrote on Oct 16, 2008 6:13 PM:

" go to sevier power . com, you can look at the actual blueprints, Duhh, you must be a DummDaa also. "

Sick of the DRAMA wrote on Oct 16, 2008 9:19 PM:

" Hey here's a bright idea for all of you opposed to the power plant. STOP USING ELECTRICITY!!!!!!!! If all of you supposed "opposers" stop using the power provided by the power companies then we wouldn't need the power plant to begin with. Oh, and by the way if all of you "opposers" stop using the power provided, that would mean no stores, no gas, no t.v., no cellphone, no computer, no job, and no internet.

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. "

Well Said DRAMA wrote on Oct 17, 2008 8:38 AM:

" I agree, get a life anti's. "

Huh wrote on Oct 17, 2008 10:03 AM:

" As Elaine would say, I was given a gift from God this morning as she slandered county commissioners on the local radio station. She openly, and by name said that two of our county commissioners are corrupt. She has not one shred of proof. It was an open, public attack.

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:

" Elaine would fit right into the LDS orginization, Hippo, Hippo Hippo-CRIT.
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:

" Central Utah provides enough electricity to keep the lights on for the next 40 years. Why would any one want to put an outdated powerplant that emits 3,177 tons of pollution right next to 183 homes when we can now provide clean electricity? for example a wind farm in the Milford area will provide Californians power for over 600,000 homes. A big state like Calif. can provide power with out any pollution from coal fired power plants. and you do its want to build a puker right in the center of this valley. I am sick of your desire to poison this valley. "

To Drama wrote on Oct 17, 2008 10:51 AM:

" I suggest you go to Emery or Carbon .county if you want a job in a power plant. Those thriving counties need help in the worst way. "

DooDaa wrote on Oct 17, 2008 12:58 PM:

" Wow! It's apparent that those who are posting here in favor of the plant are operating out of sheer emotion. Not a good way to make any sort of decision.

"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.
---------------------------------------------
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:

" DummDaa if you are going to say Sevier County "has a good economy" you really are crazy and just outright stupid, you come here every week and try to tell all of us how smart you are, in your mind set, you think you are a genius, it doesnt matter what issue comes across here you know all about it, and everything you say is the truth, and everything anyone else says is wrong, why is a guy as brilliant as you not working for NASA , instead you are probally the walmart greeter, Sevier County has a poor economy, and take the coal mine out of the picture you loose thousands of jobs, even Sara would loose her job painting logo's on the coal trucks, we loose this power plant and NEVCO will be taking millions from this poor little county, ever been to a high scholl game in Delta or Emery Counties, see there schools compared to old historic school our kids go to ??? That is because of the Power Plants and a better economy, you can throw every google searched out data you want at it, Sevier County has a poor economy, look at how many homes are for sale, now look in delta or Price, what a difference, anybody can put anything on the web, look at the crazy ideal livving media website, McDonalds has more useful information on it, you do not know everything DummDaa, either do I, and especially does SCCCAW, You and your self-righto=eous tree hugger followers take any single comment and the best you can do or say is, Well .... thats the best a do it can do. Maybee you are the wrong one .... that may be a lot for you to take, but it's possible. As a worker in the coal industy, I can tell you if this counties coal mine shuts down, this valley will become a ghost town, and calling Sigurd, UT "pristine land" Huh ... who are you fooling, there is a reason we dump our trash in Sigurd, UT, it is a dump, trailers and double wides and not much more, I can only guess your reply will condeme everything said here, and you and all your knowledge will correct me. "

To Doo Daa wrote on Oct 17, 2008 11:38 PM:

" That is one great presentation of the facts. Every one in this county would do well to read what you have written. A BIG thanks to DooDaa. "

FACT wrote on Oct 19, 2008 7:41 PM:

" Fact: DooDaa uses power, who's backyard is DooDaa polluting to write the above statement?
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:

" Poster "FACT" is confusing non sequitur argumentation and unfounded opinion with "Facts".

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:

" DooDaa is 100% right as usual. I would guess that at least 80% of the people in our county would agree with her above posting.There is one sure way to find out and that is to let the people be heard. We will soon know won't we? "

Dumbo wrote on Oct 20, 2008 10:38 AM:

" Every one knows it is the wrong technology in the wrong place and at the wrong time. What part of that can't the Do It's understand? "

To Go SPC wrote on Oct 20, 2008 10:58 AM:

" If the Nevada Boys are seeking a PUD, Why did they make application for a CUP? The Salt Lake Trib. put it well when they wrote ''Even if the county is innocent of skulduggery in this dispute, which seems highly unlikely, it is obviously guilty of standing in the way of citizens exercising their constitutionally protected right to legislate by initiative. That alone pollutes the atmosphere of Sevier County. Thanks to the Supreme court the people of this county will be able to correct this ''skulduggery''. "

Jeeze wrote on Oct 20, 2008 1:14 PM:

" You people just don't pay attention. If you look into it, you will see that the PUD overlay zone was created for the power plant in 2006. Since the county's zoning ordinances don't allow conditional use permits for a heavy industrial use, a PUD was the only way for the power plant to proceed.

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:

" It was the Nevada boys that did not pay attention . If they had, they would have known Rod Clark filled out an application labeled , ''CONDITIONAL USE PERMIT'' A ''planned unit development is a residential project that features relatively dense clusters of HOUSES , which are usually surrounded by areas commonly owned open spaces maintained by a nonprofit community association. The paper was right when they wrote, ''power company tries to switch zoning acronyms to avoid referendum. Face it officials and the Nevada boys tried to pull a fast one and got caught. The same Nevada boys that are now fighting to take the constitutional rights away from the people of this valley. What a bunch! "

To Jeeze wrote on Oct 20, 2008 5:09 PM:

" Yes I see the meetings on the PUD too, and the 75% of people who spoke against the change, hence here we are? "

Chapster wrote on Oct 20, 2008 5:55 PM:

" To Donkey Kong, I am sure glad you haven't obviously posted since the above was written. As a contributor to that paper, that you so loudly condemned, I take offense at that. Obviously you haven't read it. Try getting a copy and read it through. At least you'll realize that Elaine wanted the opposing viewpoint enough to ask me to write a column in support of the plant.

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. "

YES wrote on Oct 20, 2008 6:25 PM:

" For health sake vote yes for clean air and citizens rights. "

A vote for your right to choose wrote on Oct 20, 2008 6:41 PM:

" For health sake let the people decide if they want clean air or3,177 tons of puke. only a ''Do It' would want to take away the rights of the people. "

To Chapster wrote on Oct 20, 2008 6:51 PM:

" I for one respect you too Chapster; Even if you are wrong about 80% of the time on the power plant issue. Yes, I read the article you wrote. keep up the good work we need to hear both sides. You do as well as any Do It can. "

Ed Masterson wrote on Oct 21, 2008 12:25 AM:

" Why is nevco wanting to use "clean coal" technology that is 30+ years old? They have cleaner technology nowadays you know... "

To Ed Masterson wrote on Oct 21, 2008 10:22 AM:

" They want to use ''30 +year old technology because it is cheaper and they don't care about the health of this community. THAT'S IT!!!!!!!!!!!!!! "

Ed Masterson wrote on Oct 21, 2008 4:38 PM:

" Well I dont care what you fools say.. Im going to Vote NO because I DO NOT WANT THE RIGHT TO HAVE A SAY IN ANY ISSUES!
Who in their right mind would want to have any opinion anyway.. Nope Vote NO! on Prop 1. What you think or have to say is meaningless. "

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