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Show UTAH PRESS ASSOCIATION SOUTH. SALT LAKE CITY UT . 467 EAST 300 ftvn eep Ranch Trial Gets Under Way Opening arguments in the last case to be heard in the old courthouse were presented by the attorneys in the civil suit brought by Richard Von Hake against Ed Thomas and First National Credit Corporation over ownership of Seeps Ranch in Johnson Canyon A jury of 8 Kane County residents and one alternate juror will hear the case in the courtroom of Judge Don Tibbs Sixth Judicial Court. Ralph Klem, attorney for Hake, outlined the plaintiffs arguments for the Von Esther Heaton presents Eva Evans her "Employee of the Year" plaque. Hospital Administrator Kent Aland looks on. Eva Evans Hospital Employee of the Year exHospital nurses aide Eva Inc., cited Mrs. Evans Evans of Fredonia was selectcellent performance, enthused by fellow hospital employ- iasm and personal dedication ees as this year's Employee of to the patients we serve. the Year. In voting for the Local hospital administrator person to be honored, hospital Kent Aland echoed Dunns personnel were asked to praise and explained that the consider such things as employee of the year is outstanding performance, selected from among those skills and special abilities, and who were previously named the contribution made to employee of the month. Mrs. Evans, who has lived patient care. A letter from Michael D. in Fredonia for 4 years, has of worked in the Kanab hospital President Dunn, Advanced Health Systems, for two years. The mother of seven children and grandmother of five had previously worked as an aide for 4 years at Dixie Medical center in St. George. Her husband, Doug, is a truck driver for Kaibab Industries. When asked why she enjoys her work in the hospital, Mrs. Evans answered simply, "Because I love people and love helping them. Others on the hospital staff agreed that it shows. Dump Remains Smoldering Problem Kanabs city dump has been a problem for a long time. But, according to Claud Glazier, a member of the Western Kane County Service District, progress is being made albeit slowly. Kanab Mayor Paul Jenkins expressed concern Monday that the owner of the present dump has given notice that she will no longer extend the lease on the dump site. Jenkins was worried that when April 1 arrived there would be no dumping ground available for city residents. explained that the new site has been approved by BLM but there had been no agreement with the owner of y the land the preferred would have to cross. Rather than press that issue into court, he said, the district is now working on an alternate right-of-wa- But Glazier said in a telephone interview Monday afternoon that Lucille Perkins, owner of the land on which the dump sits, has agreed to give still more time to allow the service district to work out y problems into a new dump site. Glazier right-of-wa- jury. Klem advised them that it will be a very difficult case filled with claims and counterclaims. At issue is the ownership of 1468 acres of a ranch Von Hake bought in 1943 when he moved to the Kanab area after retiring from Lockheed Aircraft as an engineering vice president. Von Hake, a WW1 pilot, is described as the man who put the first retractable landing gear on an airplane. Klem told the jury that the Von Hake will try to prove that he was duped out of his land by Thomas when Thomas allegedly approached the older man with a scheme n to save Von Hakes land Sheriffs sale. Klem explained that the story began in 1973 and 1974 when Von Hake, after several lean ranching years took out some loans from the old Kanab State Bank. More bad years left Von Hake unable to pay on the principal of the loan and the bank allowed him to make payment on the interest only. Then, according to attorney Klem, the bank was sold to Zions First National Bank and the new management took a stand against continuing the practice. Outlining a complicated history of agreements and near agreements, Klem told of how Von Hake struggled to save his land from foreclosure and Sheriffs sale. It was during this time, the plaintiff alleges, that he was approached by Ed Thomas who promised to help him save his land. According to Von Hake, Thomas agreed to help, saying that he would borrow money against a deed on Von Hakes land in return for a partnership in a land development on the property. Then, Von Hake claims, once Thomas corporation, First National Credit, had purchased the land at Sheriff's sale, Thomas reneged on his agreement and took possession of the land. The plaintiff claims that the land, currently appraised at $1 million, was taken from him by fraud. In the opening statement for the defense, attorney Robert McRae admitted that it is a sad case, and "unfortunate example of what happens sometimes as people get along in years. McRae said that he would try to establish during the course of the trial a pattern in which Von Hake entered into several agreements he claimed he did not understand. McRae said the defense will try to prove that Von Hake did, in fact, understand that he was selling the land to Thomas and his credit corporation when he signed the papers. McRae claimed that the whole thing was an effort to hold on to a grandiose dream by Von Hake and his partner, Fred Reese, to build a city with swimming pools, golf courses, riding stables and all those good things you see in Bloomington." The defense attorney claimed that Von Hake was allowed to bid at the Sheriffs sale by Thomas and First National Credit as a gesture of kindness, allowing an old man to keep up appearances and his pride. McRae claimed, however, that Von Hake was fully aware at the time that he was bidding in the name of the credit company. To further complicate things, McRae said, in 1974 Von Hake had entered into still another agreement with Garkane Power in a last minute attempt to save his ranch. According to McRae, that agreement will mean that Garkane will take title to the ranch if Von Hake wins the current lawsuit. McRae summed up his statement by saying, "It is sometimes unfortunate, but we all have the right to enter into agreements, good or bad, and once you have done so, you can't go back and change it. Judge Tibbs told the jury that he expects the trial to last three or four days. right-of-wa- Until those arrangements can be made, the dump will remain in its present location. Water Feud Continues The Kanab City Council voted unanimously at its Sarah Jacobs seated center was chosen as KHS Preferred Larriette at the annual Larriette Revue last week. Her attendants were Debbie Kirby left and Lori Wattier. Preferred Cowboy was Wayne Mickelson center. His attendants were Doug Mousaw left and Brennan Jackson. March 3 meeting to cut off the water supply into the Ranchos unless the bill is paid for the master meter. According to the city, the bill has been unpaid since September 1 and $581.60 is owed. The dispute over water supplied by Kanab to the Ranchos is one of long standing. Dale Clarkson, one of the developers of Kanab Creek Ranchos explained to the paper that he feels the developers have a fair and firm reason for objecting to payment of the bill. Clarkson explained that their contract with the city called for them to turn the Ranchos water to the city system over after construction of the system was completed. It has been completed, Clarkson said, and title to it was turned over to the city in September of 1980. Now, a year and a half later, Clarkson complains, the city has decided that it will not accept the system. Clarkson also says that he feels the billing is inaccurate. The inaccuracies stem from the citys overestimation of leakage from the system. Mayor Jenkins said Monday that the city feels it simply cannot accept the KCR water Christopher Fair will be In Kanab tonight, March 25, at the Kanab Elementary School to entertain children of all ages. The magician is sponsored here by the Kane County Arts Council along with the Utah Arts Council. The public is promised a very exciting evening. Magician Magic of Christopher Fair Comes to Kanab The Magic of Christopher Fair, sponsored by Kane County Arts Council will be held this Thursday, March 25, at 7 p.m. in the Kanab Elementary School. Board Meets On Bid Irregularity Children of all ages are invited to attend an evening of delightful surprises. The magician's bag of tricks will include everything from sleight of hand to a magic rabbit named Maggie. Christopher Fair is an accomplished performer who A special school board began his magical career as a meeting was held at 10 a.m. youngster on the Mickey March 22, 1982 to rule on an Mouse Club. He has performirregularity that occured on ed at Disneyland on numerous the bidding of the Valley High occasions and has won several School project. awards for outstanding talent Mr. Jim DeYoung had at national magicians convenrequested the meeting to tions. In Utah, he has also plead with the board to allow appeared on KTVXs Hotel his company, the John Balderdash, Romper Room, Seven Scene (KUED Channel DeYoung Construction Company, to withdraw their low 7), and Take Two (KUTV). bid. The board requested their Christopher Fair presents a retained legal counsel to advise them of the legal ramifications and the position the board should take concerning the contractors liability under bond to fulfill their bid by executing a contract. After a lengthy discussion of options the board unanimously agreed with counsel to Again this year the Kane require a negotiated penalty of County Search and Rescue the contractor. Patrol is making its annual The contract will be awarddrive for funds for shoes for ed to the Lawrence Constructots. But this year, theres a tion Company as per action in new wrinkle to it. Dukes the previous board meeting. Clothing Store of Kanab has pledged to match, dollar for dollar, the money raised by the Patrol. When asked why hed make such a generous offer, Sam Aiken, manager of Mayor Paul Jenkins will Dukes, was caught by surspeak at the next regular prise and managed to stammeeting of the Kanab Wonot? Theres mer, Well, mens Civic Club. He will a lot of need why in the world and address local issues facing the wed just like to help out city. where we can. Besides, its Mayor Jenkins is an internot just us. There are a lot of esting and witty speaker and other people donating. Thursday, March 25, should According to Ted Robinson, definitely be set aside to hear president of the search and him. The meeting will be held rescue organization, there will in the Senior Citizens Center be plenty of opportunities for at 8 p.m. magic ari dazzling one-maety show. His experience on stage dates back to many years as a member of Ballet West, and he still continues to tour with Ballet West for Children. Christophers performance is good entertainment for the whole family. Included in his art is juggling, balloon sculpturing, costume changes and many segments choreographed to music. Tickets for "The Magic of Christopher Fair are available at the door for $2.00 and $1.00 for children. This program is suppoited jointly by the Utah Arts Council, the National Endowment for the Arts in Washington, D.C. and Kane County Arts Council. n Shoes for Tots Drive Starts Mayor To Address Club others to donate. Collection bottles are out in 19 Kanab businesses and 10 in the Valley. Robinson explained that the organization would like to do much better this year than last. Only about $200 was collected last year and that was used to purchase about 40 pairs of children shoes. The downturn in the economy will make the need even more acute this year. Robinson explained that the money collected is turned over to Kane County Family Services and is allotted by them to families in need. Robinson and Aiken joined in asking everyone in the community to help make this Easter drive the best bv helping to fill the cannistcrs when you go shopping. until it has an adequate supply of water and can ensure that it will always be able to meet the demand of city users and KCR as well. Jenkins explained that KCRs owners have another source of water supply near Three Lakes but refuse to grant the city permission to develop it to system help supplement Kanabs tight water supply. Jenkins was firm in his resolve to cut off KCRs water if the bill is y not paid within the limit extended by the council. Developer Clarkson says that the Ranchos management has no intention of allowing the water to be turned off. Explaining that they will pay the bill because Were not interested in a war. Clarkson said the payment will be made under protest. 30-da- free program is open to all. Carpenters Workshop To Perform Here Notice to Fredonia Voters The deadline to register in order to vote in the general election of Town Council members in May is March 29, 5 p.m. The coming election is the hottest issue in Fredonia in years. Be sure youll be able to exercise your right to vote. Registration material is at the County Building. The Carpenter's Workshop, a drama group composed of eight students from Northwestern College of Roseville, Minnesota will appear at the First Baptist Church, corner of 4th South and 2nd East, on Friday, March 26, at 7:30 p.m. The Carpenters Workshop is a bright and exciting drama troupe which presents a repertoire of intense and refreshing material, using music and drama. Incorporatmost original material, they explore many aspects of the Christian life in a unique and challenging light. Their ing ranges from very humor to realistic biblical portrayals and is an effective medium of driving home important truths. All of their materials is designed to make persons ask themselves what their Christian life is really like and how they may improve weak areas. program light-hearte- d |