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Show , w ;H; 'divV A. A . to ' - rN'm , ! ray ;rrjf - . g i v., ,-,y, ' 3 . V: i5 '- The new Bluff town council this week took over the responsibilities of running the community. Council members are, left to right seated: Paul McPherson, Opal Hooper, Jim Taylor, Lin McCleery, and Mayor, Inez Wilson. Looking on are former council member Cathryn Cook and former Mayor, George Hatch. i Judge rules that Bluff is still a town I '. By Alvin Reiner The Southeastern Utah town -' of Bluff is still in business after a decision by District Judge Boyd Bunnell. A suit brought by Cleall ' "Jack" Adams, et al, sought ' to disincorporate the town .. which became a legal entity last year. The suit was dismissed due . to the plaintiffs' failure to state a cause of action upon which . ; relief can be granted. The memorandum decision goes on to state that the county commissioners are authoriz-'-' ed by statute to create a " municipal township which they did on July 6, 1976. Quoting ' from the decision it states: "A .. strong legal presumption then comes into effect that its (sic) " creation was legal; and this is particularly true after the municipal corporation has commenced operation and has functioned as a municipal corporation, since its creation affects substantial assessments, assess-ments, licensing, passage of regulatory ordinances, operations opera-tions of utilities, police protection, protec-tion, and other matters incidental inci-dental to their granted statu- tory powers. "It is generally held that the existence of a de facto municipal corporation, which we would certainly have in this case, can only be attached and questioned in a direct proceeding proceed-ing by authority of the state." With this matter out of the way, the newly elected town council took office on January 2nd. The major problem facing them is the payment of $2,800 in legal fees brought about in the successful defense of the I town. |