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Show TNI PAfil FOUR FINANCING STATEMENTS - 228 Che s ley, Thornton Cr, 't Dennis, SLC 255 7919 1347 Hudson Ave. SLC to F and s and truck 258 Patsy Miera Murray to Be- - Robert Barney 233 side Dr. SLC Inc; Goods Lake- -. to Duce Sporting hhg and equip 234. - Mike and Sue Finnegan 44C H. State Sandy to Conm Cr. Flat hhg Fin. Corp; hhg 236 - Pat and Louise 2731 Canyon View SLC - Holland Bonnie SLC overton to House W Christian-- - Butster 269 - Darroll and Brenda Deans 4768 S. 4300 W. Kearns to Fidelity Ind. Cr. Co; hhg 271 hold Fin. Corp; hhg '237 to 270 - Ariel and Dora Clawson 12228 S. 7 E. Draper to Fidelity Ind. Cr. Co; hhg 235 - Raymond and Kathy DeVera 2089 S. Rae St. Grngr to House hold SLC 250 Wasatch Bk; equip and Walta Jones 25 W. 1200 S. Bntfl to Beneficial Fin. Co; hhg t , - Fashion Fabrics, (box) 264 5940 ; 'seh,1971.W, 7125 S. H. Jordan to Household Fin; hhg 238 - Eugene and Marcy Armlho 3822 Brookwood Dr. Grngr to Household Fin. Corp; hhg 239 - David and Anita Wright 3382 S. 400 E. SLC to Householc Fin. Corp; hhg - Beth James 852 S. 1 W. to Fidelity Ind. Cr. Co; 275 - Linda SLC to Tew. 205 2 Ave. Beneficial Fin. Co; hhg 276 - John Johnston 346 S. 8 E. SLC to Beneficial Fin. Co; hhg - John Walker 2661 W. 2800 S. Grngr to Beneficial Fin. Co; 277 279 to Deseret Leasing Co; SLC trailer 2 278 - Kathy and Ronald Garcia 801 Vine St. 109 SLC to Assoc, - Kenway Engineering W. 400 N. Box 220 Bntfl 525 to Di- gital Equip Corp; equip 282 - Young Metal Fabricators W.SLC to Valley Bk 242 S. and Trust; equip Regal St. 390 33 St. Florence S. Matson Tlaothy 4700 J. 10 F. Hanson Fountains 4 5263 8000 wm. Han 634 David R builders HOme Larsen etux Zln Park etux to Thayne etux 45 Triangle Construction J Smith etux '654 Big Six Corporatio: to Hal K Larsen and Sons Construction to Haccarato to Aft on Ave. 688 691 Carpenter Quit Claim Deeds 155 Iris 19 Glann Lake Epperson Manwaring Epperson 692 196 Mary H Nordquist to Mary Jean Hahn Taylcr 210 3aLia W Farrar to Dean M Sterling Fisher Steiner etux 2hh Willow Creek Road 12 yuentin George E. Konsmo 849 E. Pineway 9B 2 i$ Owens etux G Lozer etux Peck etux R S Franc etux Gee Smith Clark etux Hyrum Gee Smith S etux etux Clark etux 693 Cleone S Isom to Robert S Clark etux 694 Teri Lynn Smith Ballstaedt to Robert S. Clark etux Barden Gee Smith etux to Robert S. Clark etux to J 695 Gary Stanquisu etux 00 j.uentin W Eldred to Robert to etux Alfred Bruno Weigelt to Robert 3006 E. Mt. Jordon Rd. 4 Lewis to Stephen 84l8 Malms tram Ln, 12 Melroy ROck Harward etux R. to Michael P. Smith S Robert Lynn .678 s. Wilbert Thomas 670 Wlgnall 8005 so. 200 west Daniel D. Kn owl ton Parkview Apt. 3 E. Vine S ' Carol Mao Neill Terry Eyre 2.47 Exquisite to John So. Gravestein Pk. Howard Val Stephens 311 E. 4800 So. St. J. Ball Wheeler David H. Lloyd 725 Holly Cir. 247 Vine 396 644l Jefferson Pamela Mary Zueicher 4 E. Regal St. 32 Brent S. Combes 333 E. 4500 So. Sons & L Adams 651 V. Yvonne Larsen K to 9 David L. Lundeen pierce so. 2nd Linton etux R etux E. Maple St. Lynan F. Smart 5079 So. 875 E. Heber Nelson Const, Hal 392 Stephen William wade 526l Sprlnghouse Ln. 247 E. Vine Ullbarrl Ullbarrl etux Const to Wallace Bendy David Grow 200 Steele Thelma Kent Henry Kenneth Lee Mories 6103 Rainy Ln. 241 - Robert and Nola Hancock 4899 W. 3850 S. Hunter to Avco 254 - David and Valerie and Hans Breivik 3227 S. 1575 E. v. Walster to B 388 Palmers Building to John Richard Evans etux 4 Mary D. Wren 220 V. 5th Ave. 825 E. Three to A Thelma Gomez 386 9A Howard M. Bailey Soderberg 4893 So. 300 273 - Gary and Connie Busby 1858 S. 2 E. 7 SLC to Admiral Ind. Cr. Co; hhg Fin. Ser; equip Ser; hhg B St. 447 Wilford Abe. equip Fin.- - Joe Robert X. Meier 4580 So. 2nd E. Sanders Read 8978 Glenn Caroline - Robert Morgan 1332 SLC to Auto-Sol- er Div of Bostitch Division of Textror Foot-hi- ll J. Judith Robert L. Poplin 218 E. 4500 So. 13 Barry Curtis Cloyd 4929 So. Lake Pines Dr, hhg hhg 240 515 Bsnbov June 384 Mrs, Joe Salerno 849 E. Pineway Dr. A.Colledge Danny Lea-sing- Aviso Hook-up- s Const. Co 3376 - F and Q const. Co 3376 2540 E. SLC to Deseret S. S. 490 H. neficial Fin. Co; hhg 5886 Power 256 Montoya Fin.. Ser; hhg ''231 - Frank Q Warranty Deeds Murray City S. 2540 E. SLC to Deseret Leasing Co; trailer to Inter lake Thrift; hhg 229 - Russell and Tina - FRIDAY, OCTOBER 28, 1978 DAILY RECORD 696 Juana Dalton White to RObert S. Clark etux wwens In The Supreme Court Of The State Of Utah George Schneiter, et al. , Plaintiffs and Respondents, 1. No. 13224 465, 62 P.2d 557. the case is remanded to that court for further proceedings. No costs awarded. FILED v. 90 Utah October 17. 1973 Midvale City, et al. , Defendants and Appellants. WE CONCUR: L. M. Cummings, Clerk E. R. Callister, TUCKETT, Justice: The defendants appeal from a summary judgment entered in favor of the .plaintiffs. Jr., Chief Justice F. Henri Henriod, Justice Plaintiffs commenced these proceedings in equity seeking to have declared null and void a lease entered into between Midvale City and Dan R. Company. Plaintiifs claim that the lease is ultra vires Fogle Red to and contrary public policy. The Dan R. Fogle Company is of and and the in rock products. business other sand, engaged selling gravel The plaintiffs do not sue as taxpayers but rather on the basis that the City under the purported agreement is in direct competition with the plaintiffs. I ELLETT, Justice: (Concurring and dissenting) -Mix Red-E-M- concur in reversing the judgment rendered in the district court. ever, I would be more specific in directing the lower court upon remand, I ix Red-E-M- ix but the City retained the right to terminate the lease unles the royalties amounted to more than $500 per annum. Fogle continued to extract sand and gravel from the properties of the plaintiffs and the defendants. The plaintiffs and the defendants filed separate motions for summary judgment and each supported the motions by affidavits. The affidavit presented by the plaintiffs had attached copies of various instruments which are illegible and the terms and nature thereof cannot be ascertained. Statements of facts above referred to have been gleaned from the affidavits and the pleadings. . Plaintiffs seek to maintain this suit on their claim that the City of Midvale was in direct competition with them. Plaintiffs rely on a prior decision of this court, American Petroleum Company v. Ogden City, 1 decided November 28,' 1936. In that case Ogden City used City funds to buy gasoline and other petroleum products and to sell the same to the public in competition with regular dealers in those products. That case is distinguishable from the one now before us inasmuch as in this case plaintiffs and Midvale City are lessors of separate tracts of land to Fogle who is in the business of extracting sand, gravel and other products for sale to the public. The two lessors in this case are not in direct cr npetition one with the other. The facta in this case insofar as we can ascertain them do not show that the City is a business competitor of the plaintiffs. Summary judgment entered by the court below is ordered set aside and r ft ' think there was some competition between the parties, since both had leased their gravel land to the same lessee. It seems obvious to me that the plaintiff will furnish more gravel to the lessee if Midvale is prevented from disposing of its own. I During the year 1953 Midvale City purchased from the Denver and Rio Grande Western Railroad Company certain real property on part of which the City has maintained and used for its waterworks system. Part of the land purchased was a tract which the Railroad Company had used for the extraction of sand and gravel for use in maintaining its tracks. Adjacent to the tract acquired from the Railroad Company plaintiffs also owned a tract of land. The plaintiffs leased their property to Dan R.' Fogle Company and under the terms of the lease it was permitted to extract sand and gravel from the property and to pay a royalty therefor for the minimum payment of $5,000 per annum. Midvale City leased the adjoining tract to Fogle for the extraction of sand and gravel the same to be paid on a royalty baaia baaed upon the tonnage extracted. The City's lease contained no minimum payment per annum ' How- Section 10-7-7- 9, U.C.A. 1953 (Replacement Volume 2A), provides: The boards of city commissioners or city councils of the respective cities within the state are authorized and empowered to provide for the development of the city's mineral, . . . re- sources. Section 10-8-- 2, U.C.A. 1953, so far as material, reads: ... They board of commissioners and city councils may purchase, receive, hold., sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both wiihin and without its corporate boundaries, . . . and may do all other things in relation thereto as natural persons Emphasis added Midvale owns mineral resources in the form of gravel, which is of value when removed from the ground. The only way in which that resource can be only developed is by removing it. The city is neither removing nor selling the gravel. It has simply entered into a lease agreement .which permits the removal thereof. There is nothing to show that there was any failure to follow statutory (if any) regarding the making of the lease. Nor does the plaintiff, respondent herein, claim to the contrary. pro-vio- It seems clear to me from the statutes set out that Midvale City has the to right lease its land in order that its mineral resources may be developed. I would, therefore, reverse the judgment made, remand the case, and direct the lower court to enter a summary judgment in favor of Midvale City dismissing the complaint of the plaintiff. No costs shou Id be awarded. Crockett, Justice, concurs in the views expressed in the concurring and dissenting opinion of Mr. Justice Ellett. ns |