Dakota Pacific Referendum hits signature threshold in provisional count, judge to make final call

Summit County residents sign the Dakota Pacific referendum at The Market in Park City. Photo: TownLift//Randi Sidman-Moore

PARK CITY, Utah — A provisional count by the Summit County Clerk, now published on the state’s website shows that petitioners seeking to challenge the controversial Dakota Pacific development have collected more than enough verified signatures to advance their referendum — but whether it appears on the November ballot remains to be seen.

Last week, an agreement, formalized through a stipulated order between the petitioners and the Clerk’s Office directed Clerk Eve Furse to resume verifying thousands of voter signatures that she initially tossed out during the certification process and submit them to The Lieutenant Governor’s Office by July 14.

The clerk’s office confirmed that 5,668 verified voter signatures were collected, about 1,000 more than required under state law. The referendum seeks to overturn a December 2024 vote by the Summit County Council approving a development agreement with Dakota Pacific Real Estate to rezone the 50-acre Tech Center property in Kimball Junction for 885 residential units, commercial space, a transit hub, and a portion of affordable housing.

Surpassing the raw signature threshold is a major step forward, petitioners say, but two more important decisions remain.

The question now before Third District Court Judge Richard Mrazik is whether more than 2,400 signatures that were initially rejected by County Clerk Eve Furse should be reinstated toward the final total.

The basis for her initial rejection of 30 packets was, she said, was that the packets were incorrectly assembled and circulated.

Utah law also requires the signatures to be geographically distributed, with at least 16% of registered voters signing in three of the county’s four Voter Participation Areas (VPAs).

So far, the county has not released data showing whether the VPA distribution requirement has been met.

A 45-day signature removal period is now underway, triggered by the July 15 posting of signers’ names by the Utah Lieutenant Governor’s Office. During that time, residents may formally request to have their names removed from the petition.

Legal battle looms over SB 26

The referendum process began in January, just weeks after the County Council approved the amended Dakota Pacific agreement. But the political and legal landscape shifted dramatically in the spring when the Utah Legislature passed Senate Bill 26, a new state law that appears to authorize the project through a different legal mechanism — potentially rendering the referendum moot, county officials have contended.

Under SB 26, the county and developer negotiated a new agreement — similar in scope to the first — which is scheduled for a decision by County Manager Shayne Scott on July 28.

Referendum supporters argue that even if SB 26 is on the books, it’s still critical to challenge the original agreement at the ballot box.

“If we do, and if it succeeds as a ballot referendum, then it becomes a constitutional fight,” said lead petitioner Angela Moschetta on KPCW’s Local News Hour on July 15. “Does SB 26 — which was presented and considered and signed after we began this referendum process — take precedence, or do we? But we have no say in that fight if we don’t win this one first.”

The legal arguments over the validity of the referendum petition are expected to be submitted in writing in the coming weeks, with a hearing anticipated in August — though no date has been set.

Petitioners are asking those who signed the referendum petition to check the state website to see if their signature is recorded. If anyone who signed the petition has a question about their signature they should contact Protect Summit County.