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Baker v. Carlston, 2018 UT 59 (Nov. 28, 2018)

Nov 28, 2018

Holladay City approved two resolutions to enable a developer to redevelop the land on which the old Cottonwood Mall once stood. A group of Holladay citizens petitioned to subject these resolutions to vote by public referendum.  Applying the test set forth in Carter v. Lehi City, 2012 UT 2, 269 P.3d 141, the court affirmed the district court’s ruling that the first resolution was referable because it was approved pursuant to the City’s legislative power, and that the second was not referable, because it was approved pursuant to the City’s administrative power.