Battle over Maple Mountain development heads back to court

MAPLETON, Utah County (Deseret News) — City attorney Eric Johnson has filed a motion in 4th District Court to clarify how many signatures are required to force a referendum under a recent Utah Supreme Court decision.

City leaders want lower court Judge Darold McDade to clarify whether a referendum that Friends of Maple Mountain filed in 2007 to restrict a mountainside development is sufficient with just 29 percent of Mapleton voters' signatures or if 35 percent of the voters should have signed.

"Mapleton argues that a recent Utah Supreme Court decision on the referendum petition changes Utah law and now requires signatures from 35 percent of the voters before an election may be demanded," Johnson said.

"This looks like a land-use law to us," he said in asking McDade to rule whether the 35 percent rule applies.

Land-use laws require 35 percent of the voters who cast ballots in the last gubernatorial election to sign a referendum petition. Other challenges require just 15 percent of the voters to sign.

Friends of Maple Mountain, a grassroots organization of local residents, gathered signatures in an attempt to force an election to overturn the new zone and limit the number of homes that could be built on the mountain.

Original Article