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Show m-m- warn CRR T : UTAH 307 S'flL7 PRcsf EXP: L0 ,flSS0CTl, W. UKF ci-f- UT f?) I believe IVe found the missing But between animal and cM&ssrf man. A is in. 84l0j Serving the residents of Duchesne and Western Uintah Counties EMI's: Don't take them tor granted, they may save yal Uintah Basin City purchases old motel as part oi redevelopment see page 9 pog2 Tuesday, May 21, 1996 Hooimh, Utah 83rd Year Ma 21 20 Friges UNION Girls repeat as STATE 3A CHAMPIONS im page 50 14 ORAL ARGUMENTS SCHEDULED FOR SEPTEMBER Jurisdiction case on fast track to 10th Circuit Court of Appeals By Lezlee E. Whiting The 10th Circuit Court of Appeals in Denver, Colo, has placed litigation in the latest round of a e old Indian jurisdiction dispute on an accelerated schedule, agreeing to hear oral arguments this fall on an appeal filed by the Utah Attorney Generals office. At the lame time they are also expected to reconcile conflicting legal opinions rendered by the 10th Circuit Court in 1986 in Ute Indian Tribe, and in 1994 by the U.S. Supreme Court in Hagen. Tentative oral arguments are on the docket Bar sometime during the court's September session, said Assistant Utah Atty. General Mike Quealy. A specific date is expected to be assigned closer to September. The reason its on an expedited basis is they know the importance of the case, he stated. The state has asked the appellate court to lift an Aug. 2, 1992 injunction which ordered the state, counties and cities to maintain the status quo in terms of recognition of criminal and civil jurisdictional powers held by the Ute Tribe on 4.2 million acres of land in Duchesne and Uintah Counties in accordance with their 1986 ruling in Ute Indian Tribe. In that decision, the 10th Circuit Court the original Uintah Valley Reservation boundaries. Despite a 1992 Utah Supreme two-decad- REPEAT STATE TITLISTS-La- dy State Softball Tournament Erst place trophy, which Cougars pose with the they won by beating Richfield in the second championship game, 6--5, Saturday. Union finished in a tie for second in region behind undefeated Uintah, but was ready just in time for the state meet where they beat Snow Canyon, North Sanpete, Emery and Richfield, twice. Uintah finished tied for third. (See Sports Pages for results of Union Lady Cougars state championship.) 3-- A OPEN SPACES LURE FAMILIES & RETIREES County cops with growth as fulltime residents pour into west end Cities - maintain Jenkins 1992 injunction runs contrary to Supreme Court ruling in Hagen, and submitit should be lifted in its entirety. Attorneys for theUite Indian Tribe, however, contend the Supreme Court decision simply removed homesteaded land, such as Roosevelt City, from the reservation while leaving the exterior boundaries intact along with the tribe's right to exercise criminal jurisdiction over tribal members and civil jurisdiction over both Indians and who are not on homesteaded lands. They took their claims to UJS. District Court in September 1994 to obtain an interpretation of the Supreme Court decision. District Court Judge Bruce S. Jenkins agreed with the tribe, and non-India- for post office boxes. Wastach Front residents and who bought property in Duchesne County ten years ago are now moving in and setting down roots on their land on a permanent basis. Many who purchased the land on speculation at fairly reasonable prices now discover they made a good investment as prices for acreage on the countys west end are skyrocketing from $300 an acre to $3,000 in some locations. As families with children and retired couples move into the remote west end of the county, planning and zoning officials experiencing the backlash associated with unmanaged growth during the oil boom, are placing more restrictions on new development. In the eariy 1970s and 1980s we had subdivisions laid out that you couldnt even get to, it was bad development, shoddy development, stated Jack Wood, county Planning and Zoning director. "We feel the county has a good handle on it now, but the mistakes of the past haunt us. Ten and 20 years ago people often bought land in Duchesne County sight-unseeexplained county planner Russell Chidester. When they discovered the property was on a cliff or had no water or was without access, they did and still do blame their lack of foresight on the county. To stop such problems from the county is requiring developers to meet restrictive covenants, which protect both the county and the prospective buyer. Those regulations deal with every- the way a home is outside of the home must be completed before the inside) to the layout of streets. In udititinn, Chidester says the county is taking extra care to make sure all topographical considerations, for requirements such as lot layout and access to an existing road system, are completely mapped out in areas ripe for development. Areas where the land sale business is booming end development is well planned include the area north of FVuitland, end in the Red Creek area, said Chidester. Another high class subdivision is in the planning stages around Starvation Reservoir where two women from hero purchased 8200 acres of property for the purpose of subdividing the land into 5 to 40 acre parcels. a second The county antirip surge in population in the Tabiona anl Hanna areas in about a year onca Wolf Creek Pass is completed. e The trend towards more of a population is evident not only in terms of requests for new subdivisions, and in building permits, its Im apparent in the number of requests for post office boxes. Sheri Johnson, who owns the FVuitland General Store, along with her husband. Shannon, and father-in-laDeVon Johnson, of Tabiona, number of says in one years time thestore have post office boxes in the si te says And 170. to from 70, jumped there are 75 names on a waiting list n, reoo-currin- afrom Johnson herself is a Wasatch Front transplant, although her husband has local ties. She and her husband moved tothe FVuitland area about a year and ago because they thought it would be a good place to raise children. When the opportu- - SEE GROWING PAINS on page a LAWSUIT LACKED MERIT Court ruling which found that Congress intended to diminish the reservation when it was opened for homesteading in the early 1900s, and a 1994 UJ3. Supreme Court decision which concurred, Judge Jenkins never lifted his 1992 injunction. E. Lezlee no had record the of Whiting By alleged promoThe appellants - who include the tions and only personal accounts of Duchesne and Uintah CounState, Advil rights lawsuit filed against overtime claimed by the pair and ties, and Roosevelt and Duchesne the Uintah Basin Association ofGov- refused to agree to a settlement ernments and UBAOG executive diThe two rector Greg Richens has been dis- women filed a UBOAG's behind missed by U.S. District Court Judge David Sam. The dismissal comes after former UBAOG employees Robin King Daniels and Jolene Daniels filed suit against the association last February alleging their civil rights were violated two years ago during a comprehensive reorganization ofthe tricounty agency. Benson L. Hathaway, Jr. who represented both UBAOG and Richens said the dismissal was the result of serious procedural defects, in the case, combined with pure allegations without basis legal or factual . The discussion ofthe frivolity of the daims in this case prompted the dismissal," he stated. The case was dismissed with prejudice meaning it can never be refiled. The Daniels, who are sisters, were seeking compensatory and punitive damages on grounds of sexual harassment, discrimination and retaliation. They also sought a total of $67 ,500 for overtime they were claiming, and for a promotion they maintained they were given. The UBAOG board of directors complaint the against UBAOG with tiie Utah $$$ woes them, now boast clean financial slate Prior to their reorganization two years ago, the Uintah Basin Association of Governments suffered from serious Division personnel, organizational, financial and employee perfor-m&nc- e and the Fedproblems. UBAOG received a disasterous audit of eral Equal their 1993-9- 4 fiscal records regarding financial activity Employment prior to the reorganization. Government funds were unacOpportunity counted for in some cases because bookkeeping had been Commission lax or nonexistent Employees were accused of inapproin 1994, and priately handling checks and cash, and an investigation requested a into allegations was launched by the Duchesne County Right to Sue in attorneys office. But now, UBAOG Executive Director Greg Richens, order to pursue the case in saya a recently completed audit of the fiscal year subsefederal court quent to the reorganization has produced one of the best They filed audits the agency has had in a long time. audit where Over their civil Compared to the rights lawsuit 15 reportable conditions and a serious material weakness in U.S. Dis- within the associations internal accounting controls were trict Court in revealed, the 1994-9- 5 fiscal year audit detected only one Salt Lake City reportable finding, and that was due in part to carry-ove- r about two problems related to the previous year. The months ago. agency is responsible for about $2 million a year in state and federal government funds which housing, SEE are allocated for programs such as UBAOG on aging, weatherization, job training and revolving loan funds far small businesses. ty low-inco- pageS out-of-st- By Lezlee E. Whiting A Myton cafe and convenience store with five years in unpaid property taxes has been pulled from Duchesne County's May 23 tax sale until next year due to confusion over how an April 2 jurisdictional ruling would affect the new owners. JAW General Store and Cafe is located on propertywhich was a 1905 Indian allotment The land has been owned by since 1910, until it was purchased by Ute Tribe member Wayne Perank five years ago. Last month in a temporary ruling UB. District Court Judge Bruce S. Jenkins said that such allotments, s, even if they are owned by are on the reservation and fall under the civil and criminal jurisdiction of tiie Ute Tribe. Perank contends that because the property is allotted land, and because he is a tribal member, the county lacks jurisdiction and authority to assess property or personal taxes. What I'm saying is I dont qualify to pay, Perank tola county commis- sioners. Ive not paid taxes in my life, property or personal. So long as theres a reservation and I am under the jurisdiction of the federal government I have to play that role. While Perank is most likely exempt from personal taxes attached to the store, Duchesne County Attorney Herb Gillespie says according to case law in a similar situation decided by the UB. Supreme Court in Yakima County vs. Yakima Indian Nation, he is responsible for paying his property tax bill to the county, non-India- non-Indian- An entire year has passed since groundbreaking ceremonies were held for the Vernal Utah LDS Temple. The renovation ofthe Uintah Stake Tabernacle into a temple is a first-evin LDS Church history. Significant progress on the construction has been made in the last twelve months. The foundations and interior tabernacle walls have been completely reinforced with shotcrete a strong concrete sprayed from hoses. A exterior drainage system has been installed. All foundations have been waterproofed. Basic utility work is complete. The finished work exceeds mandatory code requirements. Original window panes have been removed and sent to a refurhisher. Brick from the old, arched window frame cm the east end of the tabernacle, once covered by the old addition, has been removed. The space high-pressu- re HOWS BUSINESS?Shannon Johnson, the proprietor of the Fruitland General Store, has seen the number of postal patrons more than double in the area as a growing population is attracted to the countys rural west end. non-India- Temple construction right on schedule state-of-the-- w regardless of the allotment status. But, far now Gillespie says under his advice the county commission has withdrawn the property from the tax sale pending the outcome of a hearing by the 10th Circuit Court of Appeals. The appeal of Judge Jenkins rul- ing is presently on a fast track to the 10th Circuit Court of Appeals, and oral arguments are scheduled fin September. (See related story.) The county possesses full power and authority to tax all lands held in fee within Duchesne County -whether owned by Indians or - and to hold tax sales if taxes are delinquent, Gillespie stated. That was the case even under the 1986 10th Circuit Court of Appeals ruling which expanded the reservations boundaries, he added. However, confusion and uncertainty regarding reservation boundaries and the state authority over property of tribal members, following the recent ruling by Judge Jenkins, and his order restraining state and local governments from Tryiing certain civil and criminal jurisdiction over enrolled tribal members, could cause problems with the validity of the sale. He said those who put too much weight on Judge Jenkins April 2 temporary ruling could unnecessar ily be risking their property. Lien or mortgage holders could lose their interests as well, he noted. Gillespie says that proceeding with tax sales of lands owned by enrolled tribal members at this time may result in litigation which may not be necessary if sales are postponed until next year. Unless taxes are paid or a payment agreement is entered into, Gillespie says the J&W Cafe and General Store will be for sale in May 1997. During the interim he says Feranks outstand ing taxes on the building and land williremain due and owing, and interest will continue to accrue, ss with other fee properties within the county. DEDICATION IN SUMMER 1997 er full-tim- appellate court denied the states request for a permissive appeal to overturn Judge Jenkins April 2 order, but Quealy says despite that, the state has their bases covered Myton property dropped from county tax sale dont qualify to pay, Ive not paid taxes in my life, property or personal. So long as theres a reservation and I am under the jurisdiction of the federal government I have to play that role. Wayne Perank, J&W General Store Case dropped against UBA0G and director reconciliation of two conflicting legal principals used by the two courts in renderingtheir opposing decisions. Judge Jenkins said this was the first time in his 17 years as federal court judge that he had found a case unrecontilable. Quealy said the state has 30 days to submit briefs for review by the 10th Circuit Court The tribe them has 30 days to submit their briefs, and the state is then given 14 days to PENDING JURISDICTION LITIGATION "I By Lezlee E. Whiting last month issued a temporary ruling to that effect However, at the same time he sent his ruling on to the 10th Circuit Court of Appeals for art will be filed with a stained glass window. The old balconies, columns and flooring have been removed. Excavation under the tabernacle has yielded enough interior space for four floors - including a mechanical penthouse near the roof Interior walls, have been framed and the majority ofexterior masonry completed in the east-en- d addition. The lantern tower and cupola dome which sat atop the west end of the roof has been removed and donated to Vernal City. City officials hope to place the dome, now renovated into a gazebo, near Colton Pavilion this summer. The hip-roventilation struc-- i also come down - as well as tore much of the roof According to project manager Lloyd Hess, the upcoming summer months should provide enough time of SEE TEMPLE on page 3 |