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Show Daisy Rowley Sues City After Sale of Public Land Claims 'Influence' Effected Vote of Councilmen; Asks Sale Be Voided, Land Returned to City Milford and Salt Lake City have at least one thing in common com-mon they're both "under fire" for the same thing selling city property without advertising .the property for bids. So far the Salt Lake City "fire" is verbal, but Thursday morning Milford city officials were served with summonses to j appear in court and show cause why the sale of the city prop- erty should not be declared null and void. Plaintiff is Daisy Rowley, own- er of the Milford Hotel. Listed as defendants are Milford City; Ray L. Kizer, mayor; City Councilmen A. S. Whittaker, John Davis, W. S. Bolton, M. S. Bown and J. N. Weston; V. M. Burns, city recorder; record-er; Elwood Jefferson and Alene Jefferson his wife; Mike L. Brini-berry Brini-berry and Dorothy Brimberry his wife; First Doe, Second Doe and Third Doe. ( The complaint charges that in 1935 Milford City purchased certain cer-tain lands and in 1939 dedicated the lands to public use as a public park and playground, and that from 1939 until the present time the land has been dedicated and used as a public park and playground; play-ground; that a special bond election elec-tion in 1939 raised $3500 for the purpose of improving said land and the $3500 was used to improve the land by leveling, planting trees and lawn; That at a special meeting of the Milford City Council attended by the mayor and four of the five city councilmen the property was sold to Mike L. Brimberry and Elwood Jefferson for $2500, with A. S. Whittaker and John Davis voting to sell the property, M. S. Bown and J. N. Weston votnig against the sale, and Mayor Ray Kizer Casting the deciding vote in favor of the sale. The complaint also alleges that the meeting was illegal and that Councilman Wes Bolton did not receive notice of the meeting meet-ing and did not attend. The complaint says the purchase price was "grossly inadequate" and that "at least $6,000" could be obtained for the property. It is also alleged that the two city councilmen who voted for the sale "were influenced by considerations consider-ations of their employment by one of said purchasers, or the members mem-bers of his immediate family," Plaintiff asks that the sale be declared null and void, and that she receive costs of the suit and "such other and further relief as to the court may seem just in the premises." City Attorney Sam Cline recently recent-ly gave the city council an opinion that the special meeting at which the sale was approved was a legal meeting and that all councilmen had been sufficiently notified of the special meeting. City officials contend that the street and alley bordering the property in question were dedicated dedicat-ed as a public street and public alley, al-ley, but that the property itself had never been dedicated to public pub-lic use. They also point out that the $3500 bond issue referred to was for improvement of public property including "North Park" or the Milford Fairgrounds, and that with the exception of planting lawn and trees on a small portion of the property sold, none of this amount was spent to improve the particular land but was used mainly main-ly to build a grandstand and make other improvements at the fairgrounds. fair-grounds. City officials were "not ready" to comment on the complaint Thursday, saying they wished more time to study the complaint. One city official did state, however, how-ever, that the plaintiff Mrs. Rowley Row-ley had approached a city official previously offering to purchase a portion of the park property to be used to construct a garage for her hotel; and that other portions of city property had been said at various times without public notice or call for bids. Upon receiving a quitclaim deed to the property Dec. 27, Mr. Brimberry Brim-berry and Mr. Jefferson began construction of a 15-unit tourist court on the property. Estimated cost of construction is "more than $50,000," according to Mr. Brimberry. Brim-berry. Durham Morris of Cedar City is representing the plaintiff, and Sam Cline of Cline, Wilson & Cline is Milford city attorney. |
