Summit County taxpayers could spend tens of thousands on Clerk’s legal defense in referendum dispute

The general area of Kimball Junction that the Dakota Pacific project will develop if given the 'green light' sits to the west and south of the Skullcandy building. Photo: Dakota Pacific

SUMMIT COUNTY – Summit County taxpayers could be facing tens of thousands of dollars in legal costs as Clerk Eve Furse defends her decision to rule a citizen referendum effort insufficient earlier this year.

The county has retained Salt Lake City law firm James Dodge Russell & Stephens as outside counsel in a lawsuit challenging Furse’s ruling. The case stems from a petition drive that drew more than 6,000 signatures between January and March in an attempt to overturn Dakota Pacific Real Estate’s development agreement – also known as Ordinance 987 – for Kimball Junction.

In March, Furse’s office verified 3,214 valid signatures, short of the 4,554 required by law, after rejecting about half of the submitted petitions for issues with how she said the petition packets were bound. Protect Summit County, the group leading the referendum, sued in June, alleging the Clerk misapplied the law and prematurely cut short the 45-day signature window.

Since then, the organization has been fundraising to cover its own legal costs. In a fundraising appeal the group said:

“Our own tax dollars are being used against us to strip us of our right to vote… If we lose this fight, everyone loses the ability to stand up to Dakota Pacific and to legislative interference.”

During a legislative oversight committee meeting in July, Summit County GOP Data Architect Jimmy May told lawmakers:

“We’ve supported the referendum… through out-of-pocket donations. And now we’re faced with an Orwellian nightmare—paying, through our already onerous taxes, for the external counsel hired by Eve Furse to fight against us.”

The legal dispute prompted state lawmakers to consider reforms. The Rules Review and General Oversight Committee voted unanimously to pursue changes clarifying Utah’s referendum statute, including a “tie goes to the runner” standard for ambiguous petitions.

Protect Summit County leaders say their legal costs are already in excess of $50,000 dollars and likely pushing higher. Costs for Furse’s defense are also expected to reach that level. According to Transparent Utah, Summit County has already spent $10,000 in 2025 with James Dodge Russell & Stephens.

In 2023, Summit County retained James Dodge Russell & Stephens as it fought state overreach of Senate Bill 84. According to Transparent Utah those fees exceeded $220,000.

SB 84 was the Legislature’s first attempt to give state-level approval for the Dakota Pacific project and override local land use authority. Summit County sued the state on two counts—prevailing in 2023 on the argument that the law improperly stripped local control, while a second challenge – violation of the Utah Constitution’s “single subject rule” – remains pending in court.

The lawsuit remains pending in Third District Court. A hearing before Judge Richard Mrazik scheduled for August 19, was postponed Monday to August 26 where the court will weigh whether the referendum has qualified for the November ballot.

Neither the Summit County legal office noor the clerk’s attorney responded to TownLift’s request for comment.

Counties in Utah report spending to Transparent Utah at least quarterly with a deadline of 30 days after the end of each quarter, according to the state’s website. They also need to submit an annual compensation report within 90 days of their fiscal year end.