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Show Page A2 D Thursday, February 3, 1994 The Park Record D Section A Miller, Smart to remain in house Eye on Park City continued from A1 challenging Frandscn's title to the property. According to Smart, the home he and Miller occupy is actually located on city property. Referring to the original plat map of the neighborhood, part of Frandscn's property docs lie across the right-of-way originally designated as part of Woodside Avenue while in Mayor Brad Olch heads to Norway to represent Utah's Olympic bid continued from A1 pocket and that any expenses incurred by the committee are covered by private donations. After Utah's loss to Naganno, Olch admits that his spirits temporarily flagged but now he says, "I'm absolutely still excited about bringing the Olympics here. I think it could be a great thing for us." Olch last traveled to Lillehammer in 1990. At that point he toured the sites for the various events but everything was still under construction. "It will be interesting to see how they look now." Olch added, "Where Lillehammer is so small, I'm also curious to see how they handle transportation." There is no doubt Olch also will be picking up some tips from his Norwegian counterpart, Lillehammer Mayor Peter Ronnigen, who visited Park City last summer. Of course, once the games begin, Olch and his wife Alice will be cheering on the home team. "I'm really excited because we have tickets to the Men's Mogul finals." Parkites Craig Rodman, Sean Smith and Trace Worthington will be getting special encouragement from the mayor's section of the bleachers. But the most important part of the trip for Olch, lobbying the I.O.C., will be over before the Opening Ceremonies. In fact, Olch will be on his way home again long before the games are over. As far as he is concerned, Budapest will be Park City's last chance. "If we aren't selected I think it would be really hard to go for a third bid. This is a small community and it has already made so many sacrifices." In retrospect, Olch is philosophical about the loss to Japan. "We had a great bid. We didn't make a lot of errors. But you really can't control how these people will vote. There are 90 representatives from all over the world and they all have different agendas." Looking at the latest list of competing cities Olch attempted a bit of pre-game conjecture. Ostersund, 'Sweden, he says, has an excellent bid but may lose some support because it is so close to Norway and there is some sentiment for moving the games around the world. In the meantime, Sion, Switzerland may pick up some Summit County moves Johnson Intl. lawsuit to federal court by DAVE MACFARLANE Record staff writer Summit County has successfully requested that the suit filed against it by Johnson International be moved to a federal court, rather than seeing it tried in a state court. According to Jody Burnett, legal counsel for Summit County's insurance company, the r Briefs i Health Dept. schedule for February The Summit City and County Health Department has listed a schedule of events for the month of February. All events will take place at the County Health Clinic at 1753 Sidewinder in Park City. Feb. 7; Women, Infants and Children Feb. 8; Women, Infants and Children Feb. 10; Immunization clinic from 10 a.m. until 12 noon, no appointment is necessary. HIVSTDReproductive health clinic from 1 p.m. to 5 p.m. Appointments are required. Feb. 17; Immunization clinic from 10 a.m. until 12 noon, no appointment necessary. HIVSTDReproductive health clinic 1 p.m. to 5 p.m. Appointments are required. Feb. 21; Well child clinic, appointments required. Immunization clinic from 3 p.m. until 5 p.m., no appointments necessary. Feb. 22; HIVSTDReproductive health clinic from 10 a.m. to 12 noon and from 1 p.m. to 5 p.m. Appointments required. reality Woodside runs east of the property. In fact, Smart's assertion is supported by a separate court ruling in 1986. At that time Frandscn was seeking to sell the lot next door to a condo developer. At the lime the city refused to vacate its claim to a portion of the property thereby leaving a cloud on the title and reducing the number of units that could be built there. Ten the cities 2002 continued from A1 In the new country formed when Czechoslovakia divided into two nations. Located in the eastern Tatry Mountains. Quebec City, Canada: Population: 645,000. The northernmost major city in the province of Quebec. Located on the St. Lawrence River in eastern Canada. Salt LakePark City, Utah. Population: 1,123,078... Located in the center of the western United States along the Wasatch Range of the Rocky Mountains. Sion, Switzerland: Population: 22,877. Located notice of removal, as it is called legally, is a mere formality that is granted upon request. Burnett also said the reason the county made this request is that Johnson Intl. 's claims are based on a violation of their constitutional and federal statutory rights and therefore the case should be heard in a federal court. "In order to avoid any risk of confusion between the federal and state theories, we would prefer to have a federal judge more familiar with federal constitutional and statutory claims address those issues," Burnett said. "From our standpoint, we want the federal courts to address federal issues." Specifically, Burnett said that Johnson Intl. is claiming that Summit County, through its land use plan, has violated their rights according to the Fifth and Fourteenth Amendments to the Constitution and the 42nd United States Code, sections 1983 and 1988. Since these are federal issues, the county would simply like a federal court, which is more familiar with them, to hear the arguments. While the members of Summit County government who have been named in the suit have not yet been served because the county filed the motion to move the case to a federal court, Burnett said he fully anticipates service in the next week or two. It is conceivable that the anticipated court battle Johnson Intl. has promulgated may never take place. Burnett said that Summit County "would anticipate filing a motion to dismiss" the case based on a couple of issues. The first, that of a legal term called ripeness, refers to whether or not the plaintiff has exhausted all avenues of appeal available on a local level before filing suit. Johnson Intl. is currently in the middle of the Snyderville Basin General Plan amendment request But, according to Judge Michael Burton, questions regarding title to the property were irrelevant to the matter at hand. Over the past 16 years, Burton said, a clear landlord-tenant landlord-tenant relationship had been established. Furthermore, Burton upheld Miller and Smart's claim that they had a verbal guarantee they would be allowed to stay on through August. sympathy points because that country hasn't hosted an Olympic event since 1948. Then again, Olch guesses, I.O.C. members might want to show some solidarity with one of the newly formed Russian nations who have entered the bidding. According to Olch, you never can tell. In the meantime, Utah has already begun building skating rinks and ski jumps in the hopes that one day the world will be watching us. As currently proposed the speed skating oval would be located in Keams, a new hockey rink already under construction in Ogden will be ready to open in March, the opening ceremonies would be held in an expanded and renovated Rice Stadium at the University of Utah, the nordic events would be held at Mountain Dell and the Olympic Village would be located in Salt Lake City. Park City would host almost all of the skiing events with freestyle at ParkWest, four slalom events at Deer Valley and two giant slalom events at the Park City Ski Area and the jumping and bobsled events at the new Bear Hollow Winter Sports Park. The Super G and downhill events are slated for Snow Basin. vie to host Olympics in the Alps of southern Switzerland. Sochi, Russia: Population: 280,000. Located on the Northeast shore of the Black Sea in the Caucasus Mountains of southwestern Russia. Tarvisio, Italy: Population 6,057. Located in the northeast corner of Italy at the border of , .Austria and, Slovenia. The International Olympic Committee will "-make 'its selection of a host city from among these candidates at its meeting in Budapest, Hungary on June 16, 1995. process and no final decision has been made on their petition. Second, legally defined as finality, refers to whether or not all other legal claims against the defendant by the plaintiff have been resolved. Currently Johnson Intl. has accused Summit County of other issues that have not yet been resolved in state courts. The manner in which the county has handled the Johnson suit is very similar, if not identical, to the way Park City dealt with a suit filed against certain individuals in city government by the Kearns-Tribune Kearns-Tribune Corporation. According to Gordon Strachan of the Park City law firm of Strachan and Strachan, the Kearns-Tribune suit against Park City also involved federal issues and was therefore removed to federal court. Strachan, who handled the Kearns-Tribune case for Park City, said perhaps Johnson's law firm of Van Cott, Bagley, Cornwall and McCarthy should have been aware of this and drafted their complaint so that the case could not be removed. "It's surprising to me that Johnson's counsel didn't find a way to draft around it," Strachan said, adding that he felt Johnson "has been poorly advised," by Van Cott, Bagley. Strachan also said the motion to dismiss on ripeness and finality issues which Burnett indicated the county would file was the same course of action taken by the defendants in the. Kearns-Tribune Kearns-Tribune suit. In what may have been an omen of things to come for Johnson Intl., the Kearns-Tribune Kearns-Tribune suit was dismissed by the federal court. "I think, frankly, they followed our lead," Strachan said. Though there is not yet a set date for the court to hear the two side's arguments, the case has been assigned to Federal Court Judge Bruce Jenkins. r --. .yy II F-' j kj ill 'i ; vv;( v?f Xr 1 P 4 (if. V ;.wL; vi ff j H1: :? - .. U r k. ' 11 ! . v u r. H o A m&f. , .;ilfJ J- j .in r ' .v ' r" i Smr''.rrr Kv -- : -J T x , Uj'.. - " J K f BHH " Down the Utah Department of Transportation officials and local leaders roatV mor6 8atneret' t0 dedicate the completion of U.S. 40 from Quinn's . , Junction to Interstate 80 on Jan. 27. Cutting the ribbon are Gene travel eel. . . Sturzenegger, Gene Moser, Brad Olch, Hal Clyde and Craig Zwick. School district gets survey stats continued from A1 The same number is in favor of concurrency requirements which would prohibit residential development unless the schools have sufficient space to house the new students. David Chaplin, president of the School Board introduced the results of the survey to members of the City Council and County Commission at the quarterly dinner meeting involving the three groups. The dinner meeting was held at Majors restaurant on :uVsday,;in:28.' U Chaplinj pointed, out that 'Significantly inore than half of the respondents have lived in the school district less than five years. "We were surprised that there Levine responds to allegations continued from A1 Court or my client?" he asked. According to Levine, the Supreme Court wants to standardize the way defense law is practiced in Utah. "If that's the case, we may as well have computers as judges," he said. Levine went on to say that his approach to law is different from what the Supreme Court wants, which is a stringent defense of clients by defense attorneys regardless of the wishes of the client. He feels that the role of a defense attorney is to educate the client and allow him to make the decision, adding that he will advise his clients if he strongly disagrees with their decision. As for the specific case of James Holland, Levine said that he has given him a competent and thorough defense throughout the entire case. As evidence he points to the fact the Supreme 'Court had no problem with his work at the first penalty hearing for Holland, which was vacated due to errors made by the court. Levine said he called expert witnesses to testify to Holland's mental state in an effort to overturn his death penalty, and Public asked The Park City Council is asking for public input on a proposed policy change which would allow separately rented accessory apartments in residential neighborhoods. , The hearing is scheduled for 6 p.m., Feb. 3, in the City Council chambers at the dtoflfturo (Urn- toap (paD (My ib mm was no clear mandate as to the issue of year round schools," said Chaplin. The respondents almost split on the issue. Returned surveys indicated that Park City residents are strongly opposed to an increase in class sizes. Two-thirds of the surveys showed residents would approve of higher taxes to keep class sizes small. The surveys indicated that higher teacher and staff salaries and elementary foreign language programs would be acceptable criteria for raising taxes. : ' The surveys will be used to prepare a detailed plan which will guide the district for the next six years. "We've also had 15 visioning meetings which we will that Holland preferred the death penalty to life imprisonment anyway so any efforts to keep him alive were against the wishes of his client. "He (Holland) has been fully advised every step of the way," Levine said. "He doesn't want to spend the rest of his life in jail. The Supreme Court wants me to do things that are against the wishes of my client." Levine says that only after he called the Supreme Court ."idiots," was he removed from the Holland case and reprimanded, so he feels his removal is in some ways a personal vendetta. "I never thought I would see the day when our Supreme Court would make blatant misrepresentations to the public, and that's what they did," Levine said, adding that accusations that he sat in court and did nothing are "not true." Levine said that the judge for the Holland case was the same throughout the entire process, so he had a full knowledge of all aspects of the case without going over it again. Saying that some members of the Supreme Court are known liberals who are against the death to speak on accessory aptsi Marsac Building. Supporters say the amendment to the city's Land Management Code could provide more affordable housing for local employees. Opponents claim allowing apartments in single family neighborhoods might increase tti) CRKKftOtrjiKf nhntn hv (pna Flarvforfl also use as part of our plans," said Fielder. Not included in the report are 468 Park City High School and Treasure Mountain Middle School student surveys, but these will also be used to plot the direction of the district. "We will mail the results to all postal patrons and staff but that will take a while," said Fielder. The survey was made by examining others like it around the country. The survey then underwent seven revisions before it was mailed to tPark City postal patrons. '' - .! The margin of variance for a sample this size is plus or minus three to five percent. penalty, Levine stated "they (the Supreme Court) don't want to be the ones to pull the trigger," in regards to the death penalty. . Levine's removal from the cases has sparked something of a debate in the Salt Lake valley. Loni Deland, the head of the Utah Public Defenders Association, has strongly criticized Levine for his work and Summit County for hiring Levine as the lowest of- twfr bidders for the job. To this Levine responds that, his bid was low because to him, money is not the real motivator in the job. ; "Money is hot my motivator, I'd do it for free. I do it because I love it" he said. "There are a lot of criminal defense lawyers in Salt Lake that want a piece of the action in the outlying counties. Their only complaint is that Summit County isn't paying their public defender enough." ; Levine said that he has received a great deal of support from former clients and other attorneys since his situation became public knowledge, and has even received a letter of support from Holland as well. '- "I got a letter from him and he did nothing but praise me," said Levine. '- traffic congestion andor lower property values. : . As currently outlined property owners who decide to build and rent these units would have to adhere to severaj deed restrictions including size limits and parking requirements. . ' , ; (Tim csatroQumD |