City v. State

Here's an interesting lawsuit brought by a city verses Utah's Lt. Governor:

This case presents an equal protection challenge to a Utah statute that allows cities, through an election open only to residents in the proposed new district, to detach from an existing school district.
The Appellants in this case were excluded from voting in an election that reduced the size of their existing school district because they were outside the proposed new district’s boundaries. They argue Utah’s detachment law violates their Fourteenth Amendment equal protection rights since they have a substantial interest in the new school district’s configuration and boundaries. In a summary judgment ruling dismissing the equal protection claim, the district court concluded the school district detachment statute advances legitimate state policies and therefore withstands rational basis review.
After considering Utah’s statute and the applicable equal protection principles, we agree with the district court that rational basis review applies and the Utah statute bears a rational relationship to legitimate state purposes. The electoral scheme furthers, among other things, the state’s interests in promoting local control of public school districts by extending the franchise only to those voters who will reside in the new district.
City of Herriman v.  Bell, No. 08-4056 (10th Cir. Jan. 7, 2010) (here).  Lots of discussion on justiciability issues, too.

0 comments: