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Show Sat/Sun/Mon/Tues, March 5-8, 2005 The Park Record A-2 High court hears water case Illegals may lose licenses Attorneys for Summittofcter,Summit County, argue antitrust case before Supreme Court By PATRICK PARKINSON Tif'tln- Rc-cord sniff Claiming Summil County illegally conspired to run its largest, private-sector water competitor out of business, an attorney for Summit Water Distribution Company asked the Utah Supreme Courl Thursday to overturn a previous antitrust decision against his client. Summit Water claims that by requiring developers in the Snyderville Basin to purchase water from the county's Mountain Regional Water Special Service District in exchange for permit approvals. Summit County was able to triple its customers' water rates and pursue a failed condemnation oi the private company. How the Supreme Court chooses to define the word "municipality." could decide whether Third District Court Judge Robert Hilder's decision against Summit Water is overturned and the company gets another day in court. Utah antitrust laws allow municipalities some immunity to participate in anticompetitive behavior. However, only cities and towns qualify as municipalities, not counties. Summit Water attorney Robert Campbell said. •"I think that when the Supreme Court rules on this case it will set precedent," Campbell said, following Thursday's hearing, adding, if Summit County had its way. "it could enter into price-fixing conspiracies, it could enter into lying agreements, which Mountain Regional has done in this case ... requiring that, in order to get zoning and planning permits, that they buy their water from Mountain Regional and not from Summit Water, when Mountain Regional's rates are three times that of Summit Water." Michael Zimmerman, outside counsel for Summit County, rejects Summit Water's allegations. When state lawmakers amended Uiah antitrust laws to protect several municipalities from breaking the law when they banded together in the 1970s to form a power company, the Legislature exempted all governmental entities from antitrust prosecution, Zimmerman counters. "To the extent they're acting in a way that's authorized by the state Legislature ... [the Legislature] can tell a county it can't have a water company, but it's told the counties they can have water companies," he said. "If you've got a problem, go to the state Legislature or sue us in federal court under the federal antitrust laws ... these parties didn't do that. The Department of Justice has looked into this and they dropped their investigation. If there were any merit to it I assume they wouldn't have done that." Summit County denies entering into "tying agreements" with Basin developers, Zimmerman adds. "I don't think the United States Department of Justice believes it was true after investigating," he said. However, Campbell says he obtained a sworn affidavit from the legislative amendment's sponsor, former state Sen. Thorpe Waddingham, which indicates that the senator only intended to define cities and towns as municipalities. Campbell wouldn't comment on the Department of Justice investigation. "[State law] doesn't authorize the county to go into a market of competitors and start to elimi- nate competition," Campbell said. "There were very specific tying agreements ... the evidence will show that." According to Summit Water, Summil County's water concurrency ordinance has also allowed Mountain Regional and the Summit County Commission to illegally burden competitors with expensive requirements to prove they have enough water to supply new growth. The Utah Court of Appeals and Third District Court ruled against Summit Water on its antitrust claims. Along with Summit County and Mountain Regional, the lawsuit names three former Summit County commissioners as defendants - Shauna Kerr, Eric Schiffcrli and Patrick Cone. After forming Mountain Regional several years ago, the county began purchasing smaller Snyderville water companies in an attempt to regionalize service in the area. Campbell wouldn't comment this week on whether Summit Water would seek damages from the county if the Supreme Court sides with the company. It would be difficult for the company to win money directly from Summit County, Zimmerman said. "What they've tried to do is sue private individuals who work as agents for the county who aren't immunized under state law," he said, adding that commissioners have an indemnity agreement with the county to protect them from litigation. "Ultimately, the county would have to pay." "[Governmental entities] can be forced to endure millions of dollars in legal fees to fight bogus cases brought by private enterprises that have more money than they do, in an effort to intimidate local government when it tries to do anything that a competitor doesn't like," Zimmerman added. Smokersfreeto light up inside * Continued from A-1 very difficult. You had to go around and talk to people oneon-one and make sure people understood it. You couldn't help them understand it a whole lot through a committee hearing or through .pu.biig.' l/clebate,";, Waddoups said. . . . Talking one-on-one was the method that helped Waddoups gain extra voles for SB77 at the end of the session, but he says the individual approach was tedious, and though he felt he had 43 representatives on his side - 15 more votes than required to pass opponents of the bill convinced the House that there wasn't time for a vote. "1 just took too long trying to convince everyone," concluded Waddoups. "I haven't even thought about [reintroducing the bill in the future]. We're just recovering from a long session and I'm trying to get back to \iork on my own business." (. :Tn response to, the failure of SB77, Michael -Kaplan,- owner of Mother Urbans Night Club on Main Street, decided to purchase a state-of-the-art air purification system. He would like to be smoke-free for the sake of his employees, however, like Doolan, he feels he cannot spare to lose his customers who smoke. "Every study from California to New York to Ireland has shown it doesn't hurt business [to ban smoking]," he said. A statewide ban would elimi- nate the dilemma in Kaplan's opinion, until then, he will continue to allow smoking inside his business. "For better or worse, half the people in my bar smoke, and from a business standpoint, I can't afford to make Mother Urban's non-smoking," he explained. In light of the fact that SB77 had to be struck from consideration in order for its opponents to prevail, it is more than likely a similar bill will be reintroduced in the future. For now, as long as private club owners see installing an expensive air purifier as more economical, smokers, and not employees, it seems, have the right of way. Defendant faces new charges • Continued from A-1 and Low's mother but it was unclear what the dispute was about. February's mistrial was declared after the five-man, threewoman jury spent 13 hours deliberating over two days. The jurors were split 4-4 on whether to convict Low. A unanimous decision was needed for either a conviction or an acquittal. The killing occurred at about 4 a.m. after Low, Hirschey and others had been partying throughout the night. Low and Hirschey were roughhousing and Hirschey, who was 38 when he was killed, went after Low, the defense argued. Low was forced to shoot Hirschey with one of the victim's guns, the defense claimed. The prosecution disputed the Low's version of the events, alleging that Low was not defending himself and instead was intent on killing Hirschey. During the trial, the jury heard from law-enforcement officers who investigated the killing, forensics experts and people who had been with Low and Hirschey during the evening before the shooting. Low testified as well, providing his first detailed public statements about the killing. Low is free on $250,000 bail and lives in the Snyderville Basin. Throughout 2005, The Record will celebrate and reflect, on the last 125 years (while looking forward to the next) and we'd like your help. Those who have anecdotes to share about working at or reading The Record'are encouraged to send them to 125anniversary@parkrecord.com. • Continued from A-1 "We have to have proper ID," Purvis said, adding that, other than passports, most identifications from other countries aren't acceptable. "There has to be some solution for them." And those who do not obtain a driving privilege card may even continue to drive without insurance, Suarcz said. "They have an accident, they go away," he said, adding that driver licenses for illegal immigrants were good "for the Hispanics and the Americans." Since state law changed in 1999 to allow illegal immigrants to receive licenses and IDs. some lawmakers have pushed to repeal the provision. Rep. David Ure. R-Kamas, sponsored the bill six years ago introducing the law. However, in a 53-18 vote in the House last Tuesday, lire voted to revoke illegal immigrants' licenses and identifications. The Senate already approved the bill. "I would hope that I would not have appeared to be a traitor to them ... it was with great apprehension and also with very terse words about society and how we extort labor from the Latino population." Ure said Friday. "It has grown so a small percentage of the minority has abused the right of the majority in the undocumented population. We can't have them buying guns, we can't have them going and registering to vote." Ure refers to a legislative audit commissioned by Senate President John Valentine, which found that 383 illegal immigrants might have used driver licenses to register to vote in Utah, and 14 may have voted. According to the audit, several of the roughly 95,000 licenses and identification cards belonging to illegal immigrants in Utah were issued to the same apartments. Currently. Utah allows illegal immigrants without a Social Security number to obtain licenses and IDs with an individual tax identification number (ITIN) from the IRS. The new driving privilege cards would expire after one year. "By making this driving privilege card not an identification card we have left the undocumented people in the state of Utah without an identification card that they can work in the banks," Ure said. "It's an issue that has got to be resolved. Or SCOTT SINE' PARK RECORD Sen. Curtis Bramble, R-Provo, sponsor of SB 227, on the Senate floor during the final hours of the 2005 Utah Legislature. else the financial institutions in was used to obtain the ID, said the state of Utah are going to he Romero, who represents portions hurt." of western Summil County. Huntsman supports SB 227 "We tried to create a separate but has until March 22 to sign the ID card ... unfortunately bill, said Tammy Kikuchi. direc- [Bramble] would not support these tor of communications for the amendments," Romero said. governor. Denying illegal immigrants "it's just going to be a mess. stale IDs "will drive them into the It's kind of back to square one," shadows and the black market" said local Latino advocate seeking fraudulent cards, he adds. Shelley Weiss, lamenting law•'The concern is that they will makers' decision. perceive the driving privilege card Efforts by representatives to to highlight too profoundly their soften the bill with amendments immigration status." Romero said. failed, said Rep. Ross Romero, "The community is left un-served." D-Salt Lake City. During the interim session. Ure "Having an ID in the United intends to discuss with Bramble States is so critical," Romero how identifications could be issued said, adding that he voted against to illegal immigrants. Meanwhile, SB 227. "The bill really left a hole Bramble doesn't expect law ... there is no mechanism to get enforcement agencies to more vigan ID card," orously pursue immigration violaThe bills sponsor. Sen. Curtis tions because of the driving priviBramble, R-Provo, resisted law- lege cards. makers" attempts to amend SB "My concern is who the indi227. Romero adds. vidual is ... we have serious con"The bill could have been so cerns about the people, who are much better," he said. they representing themselves To address racial profiling con- as?" said Dave Ward, resident cerns, Rep. David Litvack, D-Sall agent in charge for U.S. and Customs Lake, suggested the same cards Immigration for everyone, which indicate Enforcement. "Having a formal whether a Social Security number type of ID card is my concern." Nordic skiers critique local track the recent petition. Pal Putt, a cross-country skier Some claimed that other and City Hall's Planning director, regions have better cross-country said the Nordic-skiing community offerings. is interested in more terrain at "The trails in the Midwest are the McPolin Farm, off S.R. 224. far superior to White Pine on an where a loop of the current track average day," said Ted Palomaki, is located. a White Pine season-pass holder "I would like to see just a look who lives in Silver Springs. at the farm for additional Nordic Chris Larson, a Park City resi- possibilities," he said, noting that dent, also questioned the quality the government would need to of grooming. solve parking issues at the site as "It comes down to timing, to well. frequency, to attitude," Larson Katie Eldridge, the spokessaid. woman for The Canyons, said the He also implored the govern- city's resort industry also sees ment and White Pine to offer a benefits of better cross-country "world-class facility." skiing facilities. "What we need now is a really "All of the resorts and the good facility" with "really good town itself has a stake and should grooming," Larson said. be extraordinarily supportive," Another person questioned Eldridge said. the local commitment to crossThe petition prompting the country skiing, saying that other meeting was not well-publicized sports take precedent. until last week and, in that time. "It never seems we're at the White Pine has explained some of same level of the golfer," said the issues, such as the way this Steve Bowling, a Nordic skier winter's wealher, which has been who lives in Park Meadows. snowier than in recent years, creLots of people at the meeting ated track-grooming challenges. also pressed for more kilometers Still, officials and White^Pine of track, another contention in seemed pleased with the way the • Continued from A-1 meeting unfolded. Sturgis said in an interview that the discussion was "super-positive." He said the government and White Pine could perhaps study the arrangements in Sun Valley, Idaho, and Aspen. Colo., which he said are potentially cood models for Park City. •"We ve reached a limit to our capacity. For us to be able to satisfy the list of issues such as track setting and kilometers, we need to look at a new model," Sturgis said. He also supported the idea of creating a 'Friends' group to address cross-country skiing. "A collective group of energy is the only way this is going to move forward," Slurgis said. Mayor Dana Williams seemed encouraged with the turnout and noted the possibility of starting a "Friends' of cross-country skiing group. He said lots of people showing up to meetings like Wednesday's has proven influential in other projects. "That's how skateboard parks get built," he said, referring to the City Park facility that was built only after the urging of skaters. 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