BEAR appeals referendum denial over Stratos data center project
The Box Elder Accountability Referendum (BEAR) group has filed a lawsuit in Utah's 1st District Court challenging Box Elder County's rejection of referendum applications related to the Stratos data center project. BEAR seeks to allow county voters to decide on the proposed hyperscale data center development, arguing the county resolutions are legislative actions subject to public referendum. A recent poll indicates significant local opposition to the project and the county's approval process.
The Box Elder Accountability Referendum (BEAR) group has initiated legal action against Box Elder County, Utah, appealing the county attorney's decision to deny referendum applications for the proposed Stratos data center project. BEAR announced on June 3 that it filed an appeal in Utah's 1st District Court, aiming to reverse County Attorney Stephen Hadfield's rejection of referendum applications related to County Resolutions 26-11 and 26-12. These resolutions, approved by the Box Elder County Commission on May 4, granted county consent for the Stratos Project Area Plan and approved an interlocal agreement with the Military Installation Development Authority (MIDA) for a hyperscale data center on approximately 40,000 acres in western Box Elder County.
The lawsuit names County Commissioners Boyd Bingham, Lee Perry, and Tyler Vincent, along with Hadfield, County Clerk Marla Young, and Budget Director Shirlene Larsen, as defendants. BEAR contends that the resolutions represent legislative actions, not administrative ones, and are therefore subject to voter referendum under the Utah Constitution. The group argues these actions involve significant policy decisions regarding economic development, environmental concerns, land use, and the allocation of long-term tax revenues. Referendum co-sponsor Brenna Williams emphasized the public's constitutional right to vote on such a impactful project. The complaint also alleges Hadfield acted improperly as a gatekeeper while advising the commission and claims legal and fiscal impact statements were incomplete and misleading.
Additionally, the lawsuit seeks to consolidate the two resolutions into a single referendum question and accuses the county commission of violating election and open meetings laws by publishing an opinion piece defending the project. Referendum co-sponsor Shannon Barton criticized the county's classification of the project approval as "administrative," citing Utah Supreme Court precedent that major land development decisions with long-term impact are legislative and subject to public vote. BEAR is requesting the court to reverse Hadfield's decisions, order the processing of referendum applications, mandate revised impact statements, and award legal fees.
The legal challenge follows a poll commissioned by Stewardship Utah, published last week, which revealed strong local opposition to the Stratos data center project. Conducted by Change Research, the survey of 515 registered Box Elder County voters showed 71% opposed the project, and 74% disapproved of the commission's approval without a direct public vote. Furthermore, 73% of respondents believed residents should have a direct vote, and 69% indicated they would sign a petition for a ballot measure. Brigette Cottam, a co-sponsor, stated the lawsuit marks the next phase of public opposition, asserting their constitutional right to a local referendum. No hearing date has been set, and the county has yet to respond.