Opponents of the massive Stratos data center project have dragged Box Elder County into court, filing a lawsuit Wednesday in Utah’s 1st District Court after county officials refused to let their referendums move forward. The Box Elder Accountability Referendum group, known as BEAR, says the county attorney’s decision to block their petitions was anything but “disinterested and unbiased.” At stake is a months-long fight over a project critics argue could strain local water and power and dramatically reshape how land is used across the county.
County attorney: referendums not eligible
Box Elder County Attorney Stephen R. Hadfield concluded that Resolutions 26-11 and 26-12 are administrative acts, not new laws, which means they are not legally subject to a referendum under Utah statute. The county backed up that call with a legal and fiscal analysis and formally rejected the referendum applications. As outlined by Box Elder County, sponsors who disagree with the determination can ask a court to review the decision.
Opponents say the review was biased
BEAR organizers are now asking a judge to toss out Hadfield’s opinion, arguing the county’s legal review was tilted from the start and effectively locked voters out of a decision they say carries statewide implications. The lawsuit claims the county attorney’s memo was tainted by bias and asks the court to overturn the rejection and order the referendums certified so petitions can be circulated. As reported by The Salt Lake Tribune, opponents point to the denial itself as proof the review was not “disinterested and unbiased.”
Petitioners pledge to keep fighting
BEAR leaders say they are not backing down. Organizers have promised to pursue both the lawsuit and ongoing signature efforts to force a public vote, even while the case moves through court. “We are not going away,” BEAR co-sponsor Brenna Williams told reporters after the county rejected the petitions, a sentiment echoed by other organizers who vowed a long-haul campaign. FOX13 reported that the group plans to appeal the attorney’s determination.
Project scale and local concerns
The proposal at the center of the showdown, often called the Stratos Project, is being advanced by the Military Installation Development Authority alongside private developers and has drawn national attention for its sheer scale and potential impacts. Supporters say the sprawling campus would deliver jobs and fresh economic activity. Opponents counter that it could gulp down vast amounts of water and electricity, affect air quality, and shift local control. Reporting has noted possible gigawatt-level power demand for the project. Local coverage by KUER has detailed residents’ concerns over water, air, and who ultimately calls the shots.
How the referendum process works
Under Utah law, the county attorney has 20 days to decide whether a referendum application is legally referable, and sponsors who receive a rejection can challenge that call in district court, according to Vote.Utah.gov. If a judge orders the county to certify the applications, sponsors then have 45 days to gather the required number of valid signatures to land the question on the ballot. KSL has reported that BEAR would have needed roughly 5,422 valid signatures to qualify for the November ballot.
What happens next
The district court will now set a schedule for legal briefs and any hearings, then decide whether to order the county to certify the referendum applications or uphold Hadfield’s determination. County officials have warned they will not be offering further interviews while the case is pending, a stance they repeated in a public notice. The ruling will determine whether Box Elder voters get a direct say on the Stratos Project and could influence how quickly developers can move ahead. For more details, see continuing coverage from The Salt Lake Tribune and the county’s public release.
Legal implications
The lawsuit centers on how Utah courts draw the line between administrative and legislative county actions. That distinction decides whether citizen referendums are allowed and could set a precedent for other large developments across the state. If the district court sides with BEAR, organizers could restart signature collection and aim for a November ballot spot. If the county prevails, opponents are expected to take the fight to the Utah Supreme Court. As explained on Vote.Utah.gov, those procedural steps will shape the timeline and next moves for both sides.
