Press Release-Referendum Denied
- May 28
- 2 min read
For Immediate Release
Date: May 28th, 2026
Box Elder Accountability Referendum (BEAR) Applications for Referendum Against Stratos Project Denied
Box Elder County, Utah - Today, the Box Elder County attorney’s office rejected both of the BEAR group’s applications for referendum on County Resolutions 26-11 and 26-12. These resolutions, passed on May 4th by the Box Elder County Commission, granted consent for the creation of the Stratos Project, a multibillion dollar hyperscale data center development within Box Elder County. Referendums on these resolutions give Box Elder County residents the opportunity to decide for themselves on the November ballot if this immensely consequential project should move forward.
The reason for the rejection was explained as each resolution being administered under the MIDA Act which reportedly “negate the resolution’s referability” and make the County Commission’s consent irrevocable. Further, the county states that the referenda do not pertain to “land use law” and are administrative in nature, not legislative.
The BEAR group and their lawyers do not agree with the conclusions made by the county attorney. State code stipulates that resolutions based on legislative action are referendable. BEAR believes that both Resolutions 26-11 and 26-12 are.
County governments, as lawmaking bodies, have the authority to make laws on public health, safety, welfare, and taxation — and actions taken in that capacity are legislative in nature. The Utah Supreme Court confirmed this in Baker v. Carlson (2018), ruling that major land and development decisions are legislative acts subject to a public vote when they have long-term impact and involve weighing competing public interests. These Resolutions meet that same standard: they permanently reshape how a massive stretch of County land is governed, redirect significant tax revenue, and were openly debated by the Commission with acknowledged sweeping consequences for residents.
Referendum co-sponsor Brenna Williams said, “We are not going away. This was our first plan, but it was not our last. We care deeply about this community and will fight to protect it from those who seek to do it harm.”
Referendum co-sponsor Shannon Barton said, “The fight is not over. We don’t want the data center here, and we will find a peaceful way to stop it.”
Referendum co-sponsor Brigette Cottam said, “The referendum was denied, but that doesn't mean this is the end of the fight and that we lose. It just means we take the next step. This fight isn't over.”
The BEAR group plans to appeal the decision to Utah’s First District Court. While we wait on that appeal, the group intends to remain active spreading awareness on the consequences of this data center and advocating to give local communities a voice on its construction.
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For further information or interview requests, contact the Box Elder Accountability Referendum at info@bearthefight.org or brenna@bearthefight.org.
Facebook: BEAR Box Elder Accountability Referendum
TikTok: @bearthefightutah
Instagram: @bear_the_fight
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