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Show August Consolidation Election Postponed Due to legal Snarl Because of the current legal doud hanging over the proposed pro-posed Consolidation Plan for Moab City and Grand County, commissionrs voted Tuesday I to again postpone the special election on the adoption of the plan. Practical considerations also influenced the decision as it was noted that time is running oat for mailing absentee ballots and publishing the plan the required two times prior to 1 an Aug. 10 election. After hearing a report from County Attorney Bill Benge on his contact with the Utah Attorney Cenral's office, the decision to jtiipone was made. ' County Attorney Benge said it apears that a written opinion I bra the Attorney Genral will not be received early enough to hold the election Aug. 10, even should that opinion find ill aspects of the plan in conformance with Utah laws, the above mentioned time factors would preclude holding ! the election then. A verbal opinion from the Attorney General holds that it is illegal to file for an office prior to the time that office is established. This opinion was also stated in a letter from the Attorney General to County Recorder Alice McKinney, a copy of which was sent to Mr. Benge. However, he pointed out, this was not backed up by statutory reference, and the bulk of the letter dealt with other provisions for election of new city-county officers. These provisions appear to be more than adequately covered in the plan, its was felt. The Commissioners discussed dis-cussed some criticism voiced this week of the County Attorney's role in formulation of the Consolidation Plan. Mr. Benge was not Grund County At:r,n:y at the li:'.4.? -iJ.i: .,! was first started, it was noted, and the then-County Attorney Harry Snow was part of the study committee. It was also pointed out that Mr. Benge has done everything he has been asked to do by the Commission and the consolidation consoli-dation study committee. The consolidation vote, originally orig-inally scheduld for May 25, 1976, was moved to Aug. 10, 1976, to allow for changes to the plan which were made following public hearings this spring. Although a new election date has not been set, it must be before May 17, 1977, the 18 month deadline set by Utah law. The law requires an election to be held within 18 months of the adoption of a resolution of intent to approve an optional plab for county government. This resolution was adopted by the Grand County Commission on Nov. 17, 1975. |