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Show Empire Ave. debate results in lawsuit Park City Attorney Tom Clyde said Tuesday that a lawsuit has been filed in Third District Court in Coalville by a ' man who claims to hold title to a portion of Empire Avenue, which currently is being widened to- four lanes. Clyde said Elwood Nielsen has named the Park City Municipal Corporation, the W.A. Peltons and the Greater Park City Company in the suit which asks for $60,000 or clear title to part of the roadway on the western side of Empire Avenue, south of the Silver King Condominiums. Nielsen maintains main-tains that the western half of two lots in block 19 were deeded over to him by the Peltons in 1970. But Clyde said the document was not recorded in Coalville Coal-ville until 1980. The city also claims to hold title to the disputed land. According to Clyde, the parcel was deeded over to the Greater Park City Company (GPCC) by the Peltons in 1979, and was recoded that same year a year before Nielsen recorded his deed. The GPCC then deeded the land over to the city in 1981. Clyde said that because of the recording dates, the city holds valid title to the disputed land. Clyde said the city's case is further strengthened by the fact that it has established prescriptive use of the roadway, since it has been used as a public access for more than 10 years. "Nielsen probably has a good claim against the Peltons, but not against the city," said Clyde. The name Elwood Nielsen may be familiar to Park City residents. In 1976, Nielsen sued city officials for $7.2 million in a dispute over improvements to the property on Masonic Hill, which currently is being developed as the Aerie, and is proposed to include additional projects. |