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Show Mpz mm To Srjira Seliooi By DAVE WIGHAM Recently a District Court judge voted in the favor of Mary Ellen Smith in her legal batlle with Bountiful in regards to the operation of her swimming school at her home at 145 North 400 East. THE JUDGES decision now makes it possible for the Smiths to continue the swim school, something they have been operating for some 16 years. The school started in 1959. Mrs. Smith at that time applied and received a building build-ing permit to construct the pool and its facilities. The cosl of the construction was around $15,000 and was completed in April of 1960. IN JUNE of 1960 the city passed a Home Occupation Ordinance which provided that swimming instruction could be given only by members of the family residing resid-ing in the dwelling. Mrs. Smith then went before the planning commission commis-sion explaining that her school was in operation before the ordinance was adopted, so the council agreed that the .school could have other instructors. in-structors. SO THE Smith swim school has been in operation during the summer months in each year since 1960. In July of 1974 a neighbor, who had lived next door to the school since its commencement petitioned the planning commission to deny a business license to Mrs. Smilh, arguing that a swimming instruction business should not be permitted per-mitted in a residential area. In 1975, the city council voted to accept the planning commissions recommendation recommenda-tion and ordered that a license not be given to Mrs. Smith. Their reasoning was that "a commercial use in the R-3 zone and Mrs. Smith cannot can-not comply with the present Home Occupation Ordinance." Or-dinance." MRS. SMITH then took her case to the courts and they ruled in her favor. The court ruled that the school was in operation before the ordinance, or-dinance, and that a 'school' is permitted in a R-3 zone. The court also stated that by virtue of its conduct in issuing is-suing a building permit and a business jcent. ?""". and re " V, licenses for l,tu l cty is BtopS?, ' EVERY THir re5'de.ll:,S in operation this ' |