O'Leary, Box Elder County ask for dismissal of lawsuit over citizen referendum

Attorneys representing Box Elder County and celebrity investor Kevin O'Leary have filed motions asking a 1st District Court Judge to dismiss a lawsuit brought by local residents.

The lawsuit stems from the county's approval of O'Leary's "Stratos Project," a massive data center development near the Great Salt Lake. Residents had attempted to force a public vote on the project through a citizen referendum, but this effort was rejected by the Box Elder County Attorney, who argued the county commission's approval was an administrative, not legislative, act and therefore not subject to a referendum.

In their filings, both O'Leary's attorney, Mark Morris, and Box Elder County's attorney, Barton Kunz II, cited the Military Installation Development Authority (MIDA) as the controlling legal authority. Morris asserted that the issue hinges on the administrative nature of the commission's decisions, which merely implemented existing MIDA law. Kunz added that much of the deal for the Stratos Project was finalized before the commissioners' vote, and that the unzoned status of the project area limited the county's regulatory ability.

The Stratos Project has faced considerable public opposition and protest, largely due to environmental concerns. Two county commissioners who approved the project lost their primary elections. There are also separate lawsuits filed against O'Leary and FOX News regarding comments O'Leary made implying critics were influenced by the Chinese government, which have since been walked back. Judge Spencer Walsh has yet to schedule a hearing on the motions to dismiss.