The referendum to overturn Ordinance No. 987, the Summit County Council’s 4 to 1 approval of the Dakota Pacific Real Estate mixed-use development in Kimball Junction, will not be up for a vote in November.

Third District Court Judge Richard Mrazik on Tuesday afternoon denied a motion challenging Summit County Clerk Eve Furse’s declaration that the referendum signature-gathering effort was insufficient. Mrazik ruled that neither the court’s decision or the referendum “will have any practical effect on the mixed-use development authorized” by Senate Bill 26, and the lawsuit was deemed moot.

This is a breaking news story. It will be updated.

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