Show County m Line Dispute 0 Now at ot Stalemate Awaiting Decree From District Court Grand and San Juan countIes counties counties coun coun- ties are at a still stand now In their dispute over the line that divides the two counties reported County Attorney Harry Harry Harry Har Har- ry E. E Snow this week Attorney Snow said that both parties are awaiting the handIng handIng handIng hand- hand Ing down of a decree on the dispute by Third District Court Judge R. R L. L Tuckett On Aug 3 Judge Tuckett passed down what Is called a memorandum decision on the case which on the surface favored favored favored fa fa- the defendant Grand county However the memorandum memorandum memorandum decision is not the final decree Before Belore Judge Tuckett can pass the decree a findings of fact tact and conclusions of law must be submitted to the bench by the favored disputing party According to Mr Snow the fight will not end with the final decree from the Third District Court but will be ap appealed appealed pealed by one of the contesting contesting contesting contest- contest j aP-j ing parties no matter which way the decision goes Tm fairly certain there will willbe willbe willbe be an appeal to the Supreme Court Mr 1 Snow said Tf If the case is appealed and acc accepted ted It will wUl be e argued before before before be be- fore the Utah Supreme Court The appeal to the higher court must be filed flied within thirty days day of the Third District Court decree de cree tree unless extensions are granted The two-county two battle centers centers cen cen- around the boundary line that divides Grand and San SanJuan SanJuan SanJuan Juan counties and where actually ac- ac actually ac ac- that line lies Iles Simply the solving of the case ease requires three court decisions The first decision to be made is where the line was on January Jan Jan- January uary 4 1896 when Utah was declared a State The second requires a decision on where the 38 30 Is actually drawn today It was concurrent concurrent concurrent concur concur- rent with the boundary line In 1896 The third and most Important Important tant and difficult decision must be made on whether the line should remain where 38 30 was drawn In 1896 or whether It should be moved to coincide with 38 30 asIt as asit asit it Is drawn today according to modern surveys San Juan holds the opinion that the boundary line should move with the moving of ot the 38 30 line Modern Modem surveys show that 38 30 has moved two two- thirds of ot a mile to the north and San Juan wants the boundary boundary boundary boun boun- I dary which remains now on the 1896 line Rae to to move north to meet 38 San Juan does not deny that the present boundary lies on the 1896 line but argues that the boundary should move with the moving of the 38 30 Grand argues that the boundary boundary boun dary line should remain at the thea a actual point on the earths earth's surface sur sue face lace where 38 30 was thought to be In 1896 However now How ever the attorneys for Grand count county do not deny that the 30 33 has moved to the north because of new and more accurate sur sur- sur veys Originally the south boundary boundary boun dary of Township 26 S was WoSS on the 38 30 as shown by maps that were made atthe at atthe atthe the time Utah became a state and even before Present day maps show 38 30 to be north of the Township 26 S southern boundary about two-thirds two o of ofa a mile mlle The dispute Is certainly not a anew anew new one according to Ida Mr Snow now It Records and maps show that San Juan and Grand counties have been discussing and arguing arguIng arguing ing the legal position of the di dividing dividing di di- viding line since at least 1912 The survey In 1912 was made to settle a then current line dis dis- dis- dis At least two surveys were made during the twenties and probably some In the thirties Mr Snow made It clear that the case was not over yet and may continue for years because of the normal Judicial processes and because normal legal recourses re recourses re- re recourses courses such as appeal still remain open to both parties |