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Show " OV'? jit , Park City, Utah 250 Vol. VIII, No. 4 Thursday, October 14, 1982 Two Sections, 24 Pages 1:1 iliTTt m-iiUMiJZ 'I II w U,.V r.!w . -rf Ik. A ti. . Appeal Lawyers for the family of slain polygamist John Singer filed a notice Tuesday to appeal their $111 million wrongful-death suit to the 10th Circuit Court in Denver. The action, taken in the 10th Federal District Court of Salt Lake, was a response to the Sept. 3 decision by Judge David Winder to dismiss the suit for lack of evidence. Singer attorney Robert Schuster told The Newspaper it would take Vk to 2 years for a three-member panel of judges to review the mountain of evidence in the case. Schuster's partner part-ner in the case is the nationally-known trial lawyer, Gerry Spence. Elmer Sandberg f ' " ov x -je Fire district suit A law suit filed by the Park City Fire Protection District against Park City's Redevelopment Agency (RDA) has been dismissed in Third District Court, Coalville. Judge Homer Wilkinson said he granted the city's motion for dismissal last Thursday on the grounds the Utah Neighborhood Redevelopment Act, under which the agency was formed, provides for a 30-day statute of limitations, so that formation of the entity cannot be challenged after that time period. In its suit, the fire district had asked the court to rule the Neighborhood Redevelopment Act unconstitutional and asked for the return of those tax increment revenues collected by the Redevelopment Agency that otherwise Four-way iutersectiou at The Summit County Planning Commission Com-mission sat down Tuesday night to decide if the Bruce Decker parcel on the west side of Utah Highway 224 should be zoned Commercial. But the meeting turned into a debate on Decker's idea to create a four-way intersection in-tersection there by extending old Ranch Road. Decker's parcel abuts the junction where Old Ranch meets U-224 in a T-intersection. T-intersection. If the road were extended west of the highway, Decker argued, his lot could access on that road, and would not create "side friction" (cars entering and leaving) on U-224. The new road would also serve as an access to the Frostwood development to the south, and a Silver Springs parcel to the north, he said, eliminating the need for those subdivisions to put roads directly to the highway. Decker said the proposal came from Wayne Van Wagoner and Associates after he retained them to devise an engineering scheme to minimize traffic traf-fic impact in the area . But critical residents said Decker's idea was a ploy to funnel Frost-wood Frost-wood Silver Springs traffic past his business. Two county residents presented petitions against Decker's revives Sieger wrongful death lawsuit The 47-year-old Marion resident was fatally shot by a state officer on Jan. 18, 1979 as a result, the suit claims, of a reckless, negligent arrest attempt. A dispute between Singer and local school officials over the education of his children led to the fatal confrontation confron-tation with agents from the State Department of Narcotics and Liquor Law Enforcement. In his 218-page ruling, Winder said there were no issues of material fact to show the arrest was improper. But Schuster said the compiled evidence will show that Winder was wrong. "When expert witnesses say the state HHHWMi and his son David Lee share a book at the Park City Library. See story on page A5. would have accrued to the fire district. The suit stated it would lose some $80,000 in tax revenues this year to the RDA. Barney Saunders, attorney for the fire district, said he was considering appealing the dismissal to the Utah Supreme Court but has not decided at this time whether to do so. Another fire district suit against the city challenging the city's ownership of Deer Valley fire trucks still is pending in Third District Court. The city countersued in the case, claiming, among other things, the fire district is illegal because of a technical error in its formation seven years ago. In yet another legal action against the Park City Redevelopment Agency, parcel. County Planner Stan Strebel noted the road extension would have to run through a residential area now occupied oc-cupied by resident Will Murnin "Who will pay for that property? To whose benefit?" he asked. (The Newspaper later contacted Murnin, who said he had not heard of Decker's idea. "They have no business presenting that to anyone until the owner is approached. And I'm the owner," he said. "The price would have to be awful dear for me to sell.") Parkite Helen Alvarez said the county coun-ty should first develop a master plan on accesses to minimize traffic impacts. im-pacts. Decker responded that if his project is stopped to await further study, the county should also halt the larger developments. "If you delay now, how do you know you'll have the money later to study all the little parcels along the highway? " he asked. The county postponed action on the request to change Decker's zone from Agricultural to Commercial. On a motion from Bill Wallin, the planners voted to hold their next session in the Snyderville area. The vote was unanimous, except for one Nay from BobM,Gre?or officials were grossly negligent; when the individual officers claim the arrest was stupid and dangerous; when officers of-ficers say they knew beforehand Singer was going to die; when some of the finest forensic pathologists in the country say Singer was shot twice; when one of the other officers besides Jolley (the man identified as firing the fatal shot) claims he shot Singer; when a witness testifies that the local school superintendent, in public meeting, vowed to press the Singer case to the ultimate, even if it meant the death of John Singer; when the judge takes hundreds of pages to decide there are no issues of fact then there are issues dismissed the Park City Board of Education is challenging the constitutionality of the Neighborhood Redevelopment Act on the grounds, among other things, that the 30-day protest limit is a denial of due process to taxpayers. Oral arguments in that case have not been heard yet, but school district and city officials are continuing negotiations negotia-tions to settle the matter out of court. The school board is claiming it will lose some $500,000 of its budget this year to the RDA, with the loss resulting in an eight-mill increase in the levy to county taxpayers. In a meeting between the two entities last week, however, the city claimed that, had the school district accepted its offer of a rebate of a portion of its ' 'If it 's so valuable, ' said a frustrated Decker, ' 'why don't you condemn it and buy it from me?" The commission approved a Master Plan change Aug. 24 to allow for Decker's parcel. Decker's plan would eliminate two western accesses on the highway the Frostwood road 200 feet south from Old Ranch, and a Silver Springs road 600 feet north of the junction. Planner Bruce Erickson said "Those two accesses have been planned with the idea of eliminating traffic around Old Ranch." But Decker said the county coun-ty planners should consider revising those subdivisions. He said Murnin's home could be located somewhere in the two developments. Said Erickson, "You want the builders to change their plans, to buy land, to move a home just so they can run in excess of 30,000 cars past your convenience store? Why should they do that for you, Bruce?" Silver Springs resident Linda Silva presented a petition against the com mercial parcel, signed by 52 Springs of fact!" The appeal disputes two rulings by Winder. "We're challenging his June 28 decision to drop Col. Reid, the state highway chief, as a defendant. The second challenge is to the September ruling, which dismissed the entire suit and accusations against more than a dozen state officials. The plaintiffs have no objection to a June 24 ruling dropping former Attorney Attor-ney General Robert Hansen as a defendant. The appeal begins a long legal process. The Singer lawyers are now waiting for the 10th District clerk to set tax increment revenue from the redevelopment area, the district would have come out ahead financially. At the regular school board meeting Tuesday, board of education members directed Supt. Richard Goodworth to continue meeting with city officials to further explore the rebate offer. The Park City RDA was formed in 1978 to revitalize the Main Street district. Its boundaries were drawn to include Deer Valley, which later was developed into a multi-million dollar resort. At the time the redevelopment area was formed, the tax base was frozen and revenues from any increase in the assessed valuation of the area since that time now go to the Redevelopment Agency. Old Rauch Road inhabitants and 45 Parkites. Cindy Sharp also submitted a realtors petiiion opposing it. "I appreciate petitions," said Decker. "But people in Park City are trying to control ground they don't own." He said his parcel follows the recommendation from the county's "corridor study," which says commercial com-mercial should be placed at central traffic areas. "If Old Ranch isn't a major intersection, it's the most major intersection between Kimball's Junction Junc-tion and Park City," he said. He pointed point-ed out the planning commission has approved a gas station convenience conveni-ence store at ParkWest and a gas station sta-tion and office building at Silver Springs. "My parcel is consistent with the character of the area." City Planner Bill Ligety rose to speak with the corridor study in his hands, and pointed out the study designates Old Ranch Koad as a residential area. Speaking as a a date to prepare a "docketing statement." Said Schuster, "We meet with the other lawyers, and set down what points are on appeal, and who's involved." A deadline for submission of briefs will be set later. Schuster said the Denver court will probably hear oral arguments in six months. The mass of evidence will go to a panel of judges ("I think nine," said Schuster) who will pick three ot their number to review the case. Schuster acknowledged the long process will be hard on Singer's widow Vicki. "She's raising a family on essentially no income. I've got huge admiration for her," he said. M an charged in moose poaching A Salt Lake City man has been charged with unlawful taking of protected wildlife poaching in (he shooting of a bull moose two weeks ago on the Hi-Ute Ranch near Kimball Junction. The Class A misdemeanor was signed by Terry Parkin, state wildlife conservation officer at Kamas, against Brent Davidson, who Parkin said, turned turn-ed himself in after the moose carcass was found at the ranch. Arraignment is set for Oct. 27. The moose, which had appeared on the Hi-Ute Ranch only about six months ago, was found quartered and hanging hang-ing from a tree by Frank Rino, manager of the 5,000-acre property. Rino, who with other residents was distressed over the shooting of the Group leases ParkWest A new corporation has entered into a lease arrangement with ParkWest and will be opening the ski resort this winter. The announcement came this week from Wayne Ragland, mountain manager man-ager at ParkWest the last six years. Ragland said he had been contacted by a group of Salt Lake businessmen and ParkWest enthusiasts shortly after the ParkWest Management Company announced plans to discontinue resort operations. The group formed the White Pine Management Corporation, raised the necessary investment capital, capi-tal, and negotiated to lease the resort. Ragland will assume the responsibilities responsi-bilities of directing the resort's operation, it was announced. We're looking forward to a great ski season this year," Ragland said. "It's our intention to design programs that will appeal to the local skier as well as the destination skier. ' ' Ragland also has pledged his total support to the ParkWest handicapped ski program, which, under the direction direc-tion of Bev Carhart, will continue to resident of Silver Springs, he said, "People moved there for the openness." open-ness." Park City resident Laura Thomas said a string of commercial should not be allowed in the gateway area for tourists to Park City. "There is not a strip in Sun Valley, Jackson Hole, or Steamboat Springs," she said. "Why do we need to grab the visitor from Salt Lake? He has commercial." Tina Lewis echoed the same iheme, saying tourism is Utah's third-largest industry. "Park City supplies most of the sales tax to Summit County. People come there from all over the world 'cause it's special, and one of the reasons is that corridor." "If it's so valuable," said a frustrated Decker, "why don't you condemn it and buy it from me?" The small parcels along the highway can't realize a value except as commercial, com-mercial, Decker said. They can't work as residential. "People who live along The case raises new hope for Mrs. Singer, who reacted to Judge Winder's dismissal last month by saying. "It's a far darker day for Utah than any other day, except for the day they shot my husband." If the appeal is granted, the case will revert to Judge Winder, who is then legally bound to conduct a trial. Last month, Gerry Spence sounded pessimistic about that prospect. "... it will simply come back to the same court which has already denied hur right to a jury trial." Winder has twice denied a change of venue to the Singers, said Schuster. animal, reported the kill to state wildlife officials. Rino said the hunters ignored no-trespassing-no-hunting signs to enter ranch property. The bull moose, which had taken up company with a cow moose that has been in the area for several years, was relatively tame and was often seen munching grass in the meadows with the horses, Rino said. Parkin said a charge of trespassing may be filed against a second hunter, who apparently was with Davidson but was not involved in the shooting. The penalty for poaching is a $1,000 fine, six months in jail, confiscation of hunting weapons and a five-year revocation of the hunting license. In first offenses, Parkins said, the jail sentence usually is suspended in exchange ex-change for two years' probation. provide ski instruction for physically and mentally handicapped children and adults from the entire area. "We are behind the handicapped program 200 percent," Ragland said. "We hope it improves and keeps growing." Mrs. Carhart said plans for the program include providing instruction and equipment for the physically handicapped amputees, paraplegics and victims of cerebral palsy using equipment purchased with the $5,000 raised in donations last spring. Volunteers will continue weekly instruction in-struction for mentally handicapped youngsters from the Jordan Valley schools, Wasatch and Summit counties. Ragland said the resort will announce an-nounce day lift and season pass prices next week. Residents of Summit County will be able to ski at discount prices, he said. "We want to remain a family resort, and we hope to get support from Park City people," he said. 9 ihe highway don't like it there. The want to move," he said. Lewis countered that Decker knew the limitations before he bought the property. Helen Alvarez told the corn-mission, corn-mission, "We're asking you to think of the public good, rather than the private speculative good of one individual." in-dividual." For his side, Decker concluded, "The attitude to the small-property owners is, 'You suffer so Park City car make bucks.'" The meeting also considered tht potential effect on U-224 from a plan under discussion by the Utah Department Depart-ment of Transportation. Decker said the state was considering a realignment realign-ment of U-224 to the east that would bypass the section along Old Ranch, ParkWest and White Pine. But Stan Strebel said the idea was not a firm plan. Resident Ron Morgan said the county coun-ty should plan for the future with the state. But Commissioner LaMar Pace was skeptical the highway departmei.' would cooperate. "I tiunk the department depart-ment won't move until the roads are so crowded, they're pushed into it," he said. "They wouldn't show us their plans if thev had them." |