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Show Thursday, July 24, 2008 SPRINGVILLE HERALD Gibby Janice Peterson STAFF WRITER The progress of Wendell Gibby's legal battle with Mapleton City has hit the skids again, with both parties par-ties claiming the other has not lived up to its end of agreements. The city of Mapleton filed a motion to enforce settlement earlier this month in an effort to force Gibby to drop his lawsuits against the city. City Administrator Ad-ministrator Bob Bradshaw said Mapleton City has fulfilled ful-filled its obligations as part of a memorandum of understanding, un-derstanding, and is seeking seek-ing to persuade Gibby to uphold his end of the bar ECirby Heyborne Continued from page 1 "He invited me to join in a jam session with his band. It was the most amazing amaz-ing thing: five musicians playing the same song together. After playing a few covers, I whipped out some of my original stuff, hoping that Marc would be impressed that I was retuning my guitar to DADGAD tuning. I was in heaven (once everyone knew the chords) because we were all playing one of my songs! Heyborne said he sort of invited himself to be a part of the band and they started playing all over the Salt Lake and Utah County areas. They changed the name of the band to "Shasta "Shas-ta Daisy" and recorded a great album, "Alaska" in spring, 1995. They kept playing right up to the time Heyborne went on a mission for the Church of Jesus Christ of Latter-Day Saints in October of 1995. After the two years, Thorup and Heyborne got back together, renamed o) 5) Stair F arts, SltelpEig, tor 'Knobs, !$ " case still has many legal problems gain. "In the absence of that litigation being dropped, we're turningTo the courts," Bradshaw said. Bradshaw said the city believes it fulfilled its obligations obli-gations after rezoning the Gibby property in May. Once the rezone took place, the lawsuits should have been dropped, he said. Gibby's property was originally rezoned in September by the Mapleton Maple-ton City Council, but the Friends of Maple Mountain Moun-tain obtained a restraining order preventing any action ac-tion until a judge reviewed whether a referendum the band "Bentleigh" (a combination of their middle names), and invited three new members to join. "We played all over the state of Utah. In 1999, we recorded an LP. Marc and I would open as an acoustic acous-tic duo for various artists like Peter Breinholt and Ryan Shupe and the Rubber Rub-ber Band," said Heyborne. During the 2002 Salt Lake Olympic Winter Games, Bentleigh performed per-formed at various events and parties and opened for N'SYNC at the Olympic Medals Plaza. During this time, Heyborne Hey-borne had just graduated, from the University of Utah and signed with an agent for acting. Soon after af-ter signing with the agent, he was fortunate to be cast in his first feature film. He had to cut back on performances with the band. After a few months, the band went their separate sepa-rate ways. Heyborne continued con-tinued acting in different projects and writing songs at home. vote could be taken. , Gibby was also given two grading permits by the city, but work'halted on his property when the Friends of Maple Mountain Moun-tain obtained a restraining order while the issuing of the permits was reviewed. Gibby's lawyer, Dayle Jeffs, said he does not believe be-lieve the court will uphold Mapleton's motion. Jeffs said the city has not fulfilled ful-filled its end of the agreement agree-ment because the city has not re-issued the grading permits after they were reversed. The city has also only granted preliminary plat approval on the 47-lot 47-lot development, and sev After filming the "R.M.," Heyborne let the producers produc-ers know that he was also a "practicing musician." They asked hrai to cover a hymn for the soundtrack. He picked his favorite, "If You Could Hie to Kolob." They then asked him to cover a song for their upcoming up-coming Christmas album. He chose "I Believe in Santa San-ta Claus." . At the end of 2002, an actor friend, Will Sw en-son, en-son, sent Heyborne an email with a script about a boy band. In 2003, they recorded a pop album and filmed a "making of the band" mockumentary called "Sons of Provo." "A song of mine from the "Sons of Provo" soundtrack, sound-track, "Beautiful Inside," caught the attention of filmmaker Christian Vuis-sa. Vuis-sa. Christian and I had met earlier that year during pre-production of his film 'Baptists at Our Barbecue.' We hit it off as friends and talked of working together. togeth-er. We recorded the album 'Inside' during December U eral conditions have been placed on the plat and the grading permits. These conditions were not part of the MOU, so the city is not adhering to its own agreement. v "They've put a bunch of conditions on final plat approval, ap-proval, some of which are almost impossible to comply com-ply with," he said. Jeffs said those conditions condi-tions require two access points on the property and a specific location for the grading work to be done. The MOU said nothing about a grading location, just that the permit would be granted "forthwith," he said. While the property of 2004," Heyborne said. On May 2, 2006, his second sec-ond solo album, "Braver Days," was released with Nathan DeVore as producer. produc-er. This is a more intimate album than his first one. The songs are about taking tak-ing chances and finding the courage to be better. Heyborne said that after af-ter listening, you may feel motivated to forgive a brother, realize how great your family is, or take the leap of faith that you have been avoiding. "Each song will say what it needs to say to each listener. Every Ev-ery detail in every song on this album has a purpose," he said. "I think with each year that passes, we learn more about life and how we fit into it. This album is about knowing who I am and what is important to me. I am very proud of this album. Everyone has music. mu-sic. How we shape it and emote it is what makes us unique. Music is an easy thing to love," said Heyborne. Hey-borne. 800 H. Across the U ULJU u u xy IZ LJL has one access point wide enough to fit the city's requirements, re-quirements, Jeffs said other oth-er locations for an access point would require taking someone else's property, which Gibby does not have the power to do. Mapleton Mayor Laurel Lau-rel Brady said the city has done everything in its power to' comply with the MOU, but the conditions on the plat approval and grading permit were in place because of the city's code, and they would apply ap-ply to any other builder as well. The MOU was in place under the assumption that the city code would be followed, she said. A final plat plan has also never been submitted, so the city could not approve it. Brady also said it would not be possible to approve a grading permit without seeing engineering studies and knowing what would be graded. "If we grant him a permit, per-mit, what are we giving him a permit to do?" she asked. The property has a sec "Slipped, Herniated, Or Bulging Disc Pain?" UTAH- A new free report has recently been released that reveals how break- tnrougn medical medi-cal technology is offering surgery free new hone for disc pain suffer- ers. Research has proven that FDA approved . non surgical spinal decompression' has a high success rate for treating debilitating de-bilitating back pain including sciatica and multiple herniated herni-ated discs. It looks like this breakthrough in medical n n nr n (D Spring Creek Place Spring street from the Pepsi Plant ond access point, but it is not wide enough to suit the city's requirements. The city has established a standard for its roads, and it needs to ensure substandard substan-dard roads are not built, Brady said. Although some of the access points on Gibby's property would need to go across his neighbor's property, prop-erty, Brady said it is not the city's fault he cannot make a second access. . "Because of disputes with his neighbors, he can no longer use those points of access," she said. "The city did not take away his access." Brady said the city and Gibby both see the matter differently, but the matter will be up to the court to decide. Even with the disagreement, dis-agreement, she said she thinks Gibby understands the city has its own timetables timeta-bles to work with to settle the matter. . 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