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Show 0x1X05 iniHini' 'Av toKoi '.i-j- j 'laoK JiCU.Ti vVf-iy- 3' rJW' 'X in 'V-I- 3 (kllinab isivi Vol.3 No. 33 Wednesday, April 27, 1983 Coma by Ruling SetC Precedent ' i By BARRY KAWA Review Staff Officials to Decide ! rJ ; FARMINGTON A court order prohibiting the Davis Coun- ty Health Departments restaurant inspection fee has set a legal precedent in the state. The order, issued by Second District Judge Douglas Cornaby last Wednesday, prohibits the health department from assessing a fee to restaurants for health inspections. V, Th,e order also forces the health department to return the approximately $10,000 in fees they have collected, and stops the department from any further attempts to assess a fee. The ruling is a landmark decision in favor of the Utah Re- staurant Association and Layton, COG Holding Firm In Grant Dispute Rpviaw Staff A" An- thonys Restaurant who filed a lawsuit last summer in the county court. The Davis Coiinty Board of Health is the first in Utah to attempt to assess a restaurant inspection fee. Judge Cornaby had ruled on February 18 that it was invalid because the board of health did not follow statutory procedure in establishing the fee schedule and did not have the authority to pass a law assessing a fee or a tax. He clarified his position on this ruling Wednesday explaining that Davis Countys licensing fee to restaurants presumably covers the cost of inspections. Cornaby also said the health department does not have the right to license restaurants and charge inspection fees. Assistant County Attorney Gerald E. Hess, motion for a new trial in the case was rejected by Cornaby. Hess said he would meet with County Attorney Rod Page and Bill Quigley of. the Utah Attorney Generals Office this week to discuss the ramifications of the decision. County Looking at Fair Sites WORKMEN from the Loveland Construction Company of Orem are hard at work rebuilding the roof on the Layton Building located at 60 N. Main in The building caught fire on April 4 during heavy winde. Kays-vill- storms that swept through Davis Coun- ty. Firemen were able to contain the blaze and limit it to the roof of the building. Three businesses in the were housed building. j Layton Citys appeal to get a share of 1983 community block grant boils down to what Mayor Lewis G. Shields said at an appeals hearing Friday at the Utah State Capitol, Throw the ballot out and youll have the right answer. Shields was referring to a ballot cast by North Salt Lake City Councilman Ron Wood at a Davis County Council of Governments meeting on Febr. 16. Layton City is trying to get the ballot thrown out because of five zero ratings in it, which put Kaysville ahead of Layton in receiving federal grant money dispersed by COG to cities and other entities in the county. Laytons application was not among those chosen to receive money. Layton is asking for reconsideration on the basis of inequities and deficiencies in the applications that gained acceptance. Attorney Peter Grundfossen, representing the Utah Division of Community Development, heard Layton Citys arguments and the COG rebuttal in the hearing Friday. Grundfossen will now make a recommendation to the Community Development Block grant officials this week. The COG met last Wednesday in Bountiful and unanimously turned down a compromise suggested by community development officials to award Layton $91,500 made available when a county-wid- e computerized tele communications system was rejected. I do believe it would be buy chairman of COG. Sant said the bottom line of the issue is that if the ballot is disqualified, then Layton would take the place of Kaysville on the list of cities receiving grant money. If the ballot stays in, then things stay as they are, said Sant. Shields did not attend Wednesdays meeting. At the hearing Friday, Shields stated that Layton will not be satisfied until the ballot is thrown out and the city awarded $388,867 to meet their rehabilitation program needs and the $91,500 left over from the systems. Sant replied that because Wood was a proxy of absent North Salt Lake Mayor Robert Palmquist and ballots were sent out two weeks before the vote, the ballot cast was valid and should be counted. Shields questioned the authority of COG in allowing Woods ballot which had the five zero points given on grant applications and giving Wood a second choice in deciding if he wanted the ballot to remain that way. I believe that a zero is valid because zero is still a value, Sant replied. We contacted Mr. Wood about those applications and asked if he wanted to make any changes on the ballot. We would have accepted it even if he did not wish to make any changes. Shields raised questions on two additional ballots that were handed in and on the point totals which apparently did not add up to the 135.5 Kaysville received and the 129 Layton received. By SHELLEY KANCITIS Raviaw Correspondent ees chose private retirement plans. According to Kirkwood, half of the money an employer pays into the state system stays It is retroactive to with the state even if an employJanuary, 1982. This means em- ee leaves Utah or goes to work ployees who opted out of the for a private employer. state program will have to withWith a private plan, employdraw money paid into private, ees can retain their full investretirement plans and return it ment. After all, said Larry to the state with interest. Horspool, a Roy City employee. Kirkwood said there are sevIs retirement money for the eral reasons why Roy employ benefit of the state or the em action. The new state law, Senate Bill 327, requires workers to participate in the state retirement sys-te- ployee? Kirkwood also said private re- tirement plans offer more coverage for the same amount of money. Layton, Clinton and Farming-toCity employees are also contemplating joining Roy in the lawsuit. However, Roy City employees are the first to vote in favor of filing the suit. Since the Roy City Council voted against n contributing money toward possible legal costs, the Roy City suit will name the employees as individual litigants. Roy City employees defense will be based on freedom of choice rights as guaranteed by the Constitution. Our employees believe they have a right to select the retirement plan which is best for them, said Kirkwood. Roy will also challenge the legality of the retroactive clause. Override Won't Affect Roy's Court Appeal full-blow- e, year-aroun- d r After 46 years; Dutson said Roy and the state have similar definitions of what constitutes indecent mateI wouldnt be surprised rial. if the state filed a brief supporting Roy. He also speculated that the two cases might be con- ' solidated. Dutson said he spoke with the Utah Attorney General at a recent conference, but no commitments were made. In related news, Community TV has asked for $8,675 in legal fees if the judgment in their favor against the Roy ordinance. The American Civil Liberties Union, which also filed suit against Roys ordinance, asked for $7,257. These figures are for legal fees connected with the original trial and do not include fees for ' the appeal. Dutson said he did not know when the courts would rule on whether to award these fees. If they do, Roy will be required to . pay a total of $15,932. Staff photo bv Rodntv Wright an asthma attack after see to a production of "Sesame planning Joshua Sharp gets Street Live," visit members of the Sesame Street a by two cast. Cookie Monster and Grover, at HOSPITALIZED by Index Cock Together 0O0 " Ky Employees Ctodlene Retirement Law ROY Roy City employees have voted to file a suit challenging the Utah Legislatures By BARRY KAWA decision to abolish a municipal Raviaw Staff employees option to select his FARMINGTON Davis own retirment plan. County commission Chairman Richard Kirkwood, Roy City Glen E. Saunders says the comManager, expects the suit to be mission should be ready to filed in Second District Court make a decision on the size of a within two weeks. Davis County proposed fairground complex cities are considering similar by early May. We havent decided yet on whether we want to go with a n complex or something more modest, said Saunders. Were committed among ourselves to decide what approach we are going to use. is currently ; The commission a new location for for The Utah LegislaROY searching the Davis County fair. The fair tures decision to override Gov. will still be held through 1984 in Scott Mathesons veto of an inthe area north of the Lagoon decent materials bill will not Amusement Park. Park offi- affect Roy Citys appeal of an cials have told the county that earlier decision on a similar cithe lease which expires in 1984 ty ordinance, according to Rowould not be renewed. ger Dutson, Roy City Attorney. Our problem is that were Unless I receive other inrunning out of room, says Pe- structions from the city council, ter Freed, president of Lagoon there will be no change in direcThe only place tion, said Dutson. Corporation. we have left to expand on is the Like the state, Roy was sued north side. Weve enjoyed hav- by Community TV of Utah, a ing the fair over the years and cable firm, for passing an ordiour parting is certainly ami- nance designed to regulate able. showing of indecent material ' Saunders and the commission on cable. have looked at a number of sites Roys ordinance was struck including a large area of land down by Federal Judge Bruce south of the Oakridge Country Jenkins who ruled it was unconClub in Farmington. The land is stitutional. The Roy City Counappraised at $25,000 an acre. cil voted to appeal Jenkins deThe commissioners are unsure cision. Dutson recently filed a of how many acres they want, brief on the case in the 10th or even where the best site Circuit Court of Appeals in would be. However, they do ag- nver. Another suit has been ree that a complex should be a filed by a citizens group opmulti-usfacility. posed to the new state law. V said Sunset Mayor Norm Sant, who is also ing Layton off, By BARRY KAWA Business a father and daughter have found each other only miles apart. 6A Full of Holes . . . Classified . . Home Living School . . , Sports Humana Hospital Davis North. The visit was arranged by Dr. Richard Sag, pediatrician, and nurse, Diane Pearce, after they learned of Joshua's disappointment, ...... ID, 2D 2D, 3D IB, 2B 4C-7- C 1C-3- C Area courses are full tough holes, but here is a look at seven of of the most aggravat- ing. 1C |