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CITY OF HERRIMAN v. BELL

Nos. 08-4056, 08-4075.

590 F.3d 1176 (2010)

CITY OF HERRIMAN, a municipality; James Lynn Crane, an individual, on behalf of himself and others similarly situated; Ryan Carter, an individual, on behalf of himself and others similarly situated; Marianne Carter, an individual, on behalf of herself and others similarly situated; Brett Wood, an individual, on behalf of himself and others similarly situated; Tamara Wood, an individual, on behalf of herself and others similarly situated; Christopher Brems, an individual, on behalf of himself and others similarly situated; Danielle Brems, an individual, on behalf of herself and others similarly situated; Jack D. Duffy, Guardian of C.D., a minor and disabled person on behalf of himself and others similarly situated, Plaintiff-Appellants/Cross-Appellees, v. Greg BELL, as Lieutenant Governor of the State of Utah, Defendant-Appellee/Cross-Appellant, and Sherrie Swensen, as Salt Lake County Clerk, Defendant-Appellee. and City of Cottonwood Heights, Sandy City, Draper City, and City of Midvale, Intervenors-Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

January 7, 2010.

Attorney(s) appearing for the Case

Blake T. Ostler, Mackey Price Thompson & Ostler, Salt Lake City, UT, (with Jeffrey R. Olsen, Mackey Price Thompson & Ostler, Salt Lake City, UT, on the Reply Brief, and Catherine L. Brabson and John N. Brems, Parsons Kinghorn Harris, Salt Lake City, UT, on the Opening Brief), for Appellants/Cross-Appellees.

Jeffrey L. Shields, Callister Nebeker & McCullough, Salt Lake City, UT, for Intervenors-Defendants/Appellees, and Brent A. Burnett, Assistant Utah Attorney General, Salt Lake City, UT, for Defendant-Appellee and Cross-Appellant Greg Bell (with Thom D. Roberts, Assistant Utah Attorney General; and Mark L. Shurtleff, Utah Attorney General, Salt Lake City, UT, for Defendant-Appellee/Cross-Appellant Bell, T.J. Tsakalos and David H.T. Wayment, Deputy District Attorneys, Salt Lake City, UT, for Defendant-Appellee Swensen, and Zachary T. Shields and Michael D. Stanger, Callister Nebeker & McCullough, Salt Lake City, UT, for Intervenors-Defendants/Appellees) for Defendants-Appellees, Cross-Appellants, and Intervenors-Defendants/Appellees.

Before TACHA, MURPHY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This case presents an equal protection challenge to a Utah statute that allows cities, through an election open only to residents in the proposed new district, to detach from an existing school district.

The Appellants in this case were excluded from voting in an election that reduced the size of their existing school district because they were outside the proposed new district's boundaries. They argue Utah's detachment law violates...

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