Appeal Filed
- 1 day ago
- 3 min read
For Immediate Release
Date: June 3, 2026
Box Elder Accountability Referendum (BEAR) attorneys file appeal on referendum
rejection
Brigham City, Utah - Today the BEAR group filed an appeal in Utah's First District Court to
overturn the Box Elder County Attorney’s denial of our applications for referendum of County
Resolutions 26-11 and 26-12.
The Box Elder County Commission passed resolutions on May 4th approving creation of the
Stratos Project—a multibillion-dollar hyperscale data center development planned for Box Elder County. Had referendums on these resolutions been allowed to proceed, county residents would have had a direct say in whether this major project moves forward.
On May 18th, however, Box Elder County Attorney Stephen Hadfield rejected two referendum
applications. His reasoning: by granting consent under the MIDA Act, the Commission had
effectively stripped the resolutions of their eligibility for referendum. Hadfield also argued that
the proposed referenda fall outside the scope of land use law and are administrative rather than legislative in character.
In short, the BEAR group and their lawyers disagree with Hadfield’s conclusions and are forging ahead with an appeal. The BEAR group believes in this case and the ability of these resolutions to be put before the voters.
Referendum co-sponsor Brenna Williams said, “The Stratos Data Center Project will have
significant consequences that will affect the lives of all of us, our children, and our grandchildren in communities across Box Elder County and beyond for many years to come. The Utah Constitution and Utah Supreme Court case law give us the right to place this important decision back in the hands of the people—where the power should be—through the referendum process. By appealing the county's decision, we are exercising that right. We are confident that our argument for a referendum has standing before the court, and before the people.”
Referendum co-sponsor Shannon Barton said, “It is upside-down that a county commission
approval of such a monumentally earth-shaking project could be considered “administrative”
and thus not subject to the Utah referendum process as it would be if it were considered
‘legislative’ in nature. BEAR is focused on a Utah Supreme Court precedent which held that
major land development decisions are ‘legislative actions subject to public vote when they have long- term impact and involve competing public interests.’”
Referendum co-sponsor Brigette Cottam said, "We told you all this fight isn't over, and we meant it. Now we are pivoting to protecting our constitutional right to a local referendum and taking the fight to court. This means Box Elder County is going to spend residents' tax money to try to make sure we, as residents, don't have a voice on this issue."
The BEAR group is confident in this effort and hopes the court acts swiftly in the interest of the voters. We believe that this county’s residents deserve to have their voices heard and will
decide for themselves what is right for the future of our county.
The BEAR group will be hosting a rally on June 13th at 3:00 pm at Rotary Constitution Park in
Brigham City (450 E 700 S, Brigham City, UT 84302) to celebrate the organization and its
supporters and prepare for the fight ahead of us. Press are invited to join for interviews with
BEAR leadership and to speak with attendees and special guests.
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For further information or interview requests, contact the Box Elder Accountability Referendum at info@bearthefight.org or brenna@bearthefight.org.
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