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Show 4B Emery County Progress Castle Dale, Utah Tuesday June 1,2004 SUMMONS PUBLIC NOTICE CASE NO. 040700067 ; JUDGE BRYNER ; Orangeville City has tentatively adopted their 2004-0- 5 budget. Proposed budget includes a cost of living adjustment for employees and statutory officers, and is PLEASECHECKYOURAD The Emery County Progress makes every effort to avoid errors. We ask that you FIRST day it appears and immediately report any error to the Legal We cannot be responsible for more Advertising Department by calling check your ad the than one days incorrect insertion if at 7:30 p.m. at Orangeville City Hall before final adoption of the 2004-0- 5 budget. for needed adjustments. Interested Also the 2003-0- 4 budget will be citizens are invited to attend this hearing. Bean, CMC you do not call the error to our attention. Thank you. Published in the Emery County Progress June FORTUNA The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States at the South Main Entrance, Emery County Courthouse, 95 East Main Street, Castle Dale, Utah, on June 22, 2004 at 1 :00 PM, for the purpose of foreclosing a Trust Deed dated June 24, 1992 executed by Maryann Skipps Tolford and Ruland L. Skipps, as Trustors, in favor of First Security Bank of Utah, N.A., as Beneficiary, covering real property located in Emery County and described as follows: LOT 41, VALLEY VIEW SUBDIVISON, PLAT 4 Together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of The street address of the property is the property. Tax Parcel No.: purported to be 710 North Valley View Drive, Castle Dale, UT 84513. The undersigned disclaims any liability for any error in the street address. The current Beneficiary of the trust deed is Countrywide Funding Corporation and the record owners of the property as of the recording of this notice of default are reported to be Maryann Skipps Tolford and Ruland L. Skipps. Bidders must be prepared to tender to the trustee $5,000.00 at the sale and the balance of the purchase price by 1 2:00 noon the day following the sale. Both payments must be in the form of a cashier's 'check; cash is not acceptable. A trustee's deed will be made available to the 'successful bidder within three business days following receipt of the bid amount. Jhe sale is made without any warranty whatsoever, including but not limited to any warranty as to title, liens, possession, taxes encumbrances, or condition of the 'property. The sale is subject to a workout reinstatement, payoff, sale cancellation or I e postponement, incorrect bidding instructions, bankruptcy, or any other In the event of the of which the trustee is unaware. the foregoing apply, any ;sale will be void and the successful bidder's funds will be returned without any liability to the trustee or beneficiary for interest or any other damages. NOTICE IS circum-.'stanc- GIVEN THAT THIS ANY INFORMATION TO COLLECT FIRM IS ATTEMPTING OBTAINED City Recorder and 8, 2004. A DEBT AND WILL BE USED FOR THAT PURPOSE. Dated May 17, 2004. Stuart T. Matheson, Successor Trustee Matheson, Mortenson, Olsen & 4 'Jeppson, P.C. 648 East First South Salt Lake City, Utah 84102 (801) MMOJ File No.: 006271 m ASAP593879 Office Hours 8:30 am to 4:30 pm, Mon.-Fr- i. Published in the Emery County Progress May 1 8, 25 and June 1 , 2004. ;363-224- (US), INC. GAS EXPLORATION PROJECT JOES VALLEY FEDERAL NO. 20-- 1 SAL NATIONAL MANTI-L- FOREST Sal National Forest, has signed a Alice Carlton, Forest Supervisor of the Manti-L- a Decision NoticeFinding of No Significant Impact (DNFONSI) approving the Sur- face Plan of Operations for the Fortuna (US), Inc., Joes' Valley Federal No. 20-- 1 natural gas exploration well. The selected alternative (Alternative 3) incorporates Forest Service requirements to minimize effects to National Forest resources and to mitigate for impacts to recreation uses associated with the proposed access and drilling. The DNFONSI is based on the Environmental Assessment, Fortuna (US), Inc. Gas Exploration Project, Joes Valley Federal No. 20-May, 2004. The is located well Sec. near Vt, Jordan 21, T. 15 S., R. 6 E., Canyon (NW proposed SLM, Sanpete County, Utah) on the CIVIL NO. : : IN THE FOURTH JUDICIAL DISTRICT COURT UTAH COUNTY, j STATE DOROTHY J. MONSON, an individual, CEDAR corporation, BACK CREEK, L.C. DBA OF UTAH POINTE AUTUMN INC., a Utah APARTMENTS, a Utah EQUITIES, GLEN limited liability company, PENTALON CORPORATION, a Utah corporation, NEW BROADWAY CENTRE L.P., a Delaware limited partnership, for themselves and all others similarly situated, Plaintiffs, v. UTAH STATE TAX COMMISSION and STATE TO: ENTITIES, WHO PURCHASED FLOOR COV ERINGS AND PAID UTAH SALES OR USE TAX THEREON ON OR AFTER DECEMBER 22, 1 997, WHERE THE PURCHASE INCLUDED HAVING THE SELLER INSTALL OR ARRANGE FOR THE INSTALLATION OF THE FLOOR COVERING. PLEASE READ THIS NOTICE VERY CAREFULLY AND IN ITS ENTIRETY. YOUR LEGAL RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION. This Notice is being provided pursuant to an order of the Fourth Judicial District Court for the State of Utah sitting as a Tax Court (the Tax Court). The .purpose of this Notice is to inform you of the proposed settlement of this class action litigation and of the hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the settlement. This Notice describes the rights you may have in connection with the settlement and what steps you may take in relation to the settlement and this class action litigation. I. THE LITIGATION. December 22, 2000, five taxpayers (the Representative Taxpayers) filed with the Utah State Tax Commission (the Tax Commission) a request for refund of the Utah sales or use tax each had overpaid on floor coverings which they had purchased on the basis that the seller would install or arrange for the installation of the floor covering (a furnish and install purchase" or a furnish and install sale). matter before the Tax .'The Representative Taxpayers also filed the 'Court on December 22, 2000, in order to facilitate obtaining refunds on behalf of all members of the class (the Litigation). Under Utah law, sales or use tax should not be collected on a furnish and install sale, but there has been confusion about the proper handling of sales tax on such sales. The Tax Commission granted the Representative Taxpayers' refund requests, issuing each of the Representative Taxpayers a refund of sales or use taxes paid on their furnish and install purchases of floor coverings. The State of Utah and the Tax Commission, however, vigorously argued to the Tax Court that class actions are not available in tax refund matters and that the refund requests on behalf of a class were otherwise inappropriate as a matter of law. The State of Utah and the Tax Commission filed two separate motions to dismiss, both of which were denied by the Tax Court. They sought Interlocutory appellate review of their first motion to dismiss by the Utah Supreme Court, which was denied. They also asked the Tax Court to reconsider its denial of their first motion to dismiss, which the Court refused to do. The Representative Taxpayers filed a motion to.certify the Litigation as a class action. This motion was also vigorously opposed by the Tax CommiOn above-caption- ssion. After considering the arguments of the parties, the Tax Court, by an order "dated June 25, 2003, certified the Litigation as a class action under the provisions bf Rule 23 of the Utah Rules of Civil Procedure, appointed the Representative Taxpayers as representatives of the class, and designated Mark K. Buchi, Greggory jj. Savage, Steven P. Young and their law firm, Holme Roberts & Owen LLP, as counsel (Class Counsel"). After the class was certified, the State of "Utah and the Tax Commission again sought appellate review from the Utah "Supreme Court, which was denied. for the class Class Counsel and representatives of the State of Utah and the Tax Commission have participated in substantial negotiations over a period of several months which have resulted in the settlement described below. Z II. THE PROPOSED SETTLEMENT. Z As a direct result of the prosecution of the refund claims and the Litigation and the negotiations between the parties, a settlement agreement was reached. .The terms of the agreement are set forth in a written document dated March 2, the settlement is as follows. The State of Utah agrees to refund '2004, the difference between the sales or use tax that was improperly collected on furnish In summary, and install sales of floor covering and the tax due on the cost of the materials used. However, in no event shall the States obligation to pay refunds exceed $9,000,000. 'If the total amount of refunds due to the class, plus interest, is more than $9,000,000, each refund shall be prorated. In the event that the total claims of the Hass, including interest, are less than $9,000,000, the State's payment obligation shall not exceed the total of all claims submitted, plus interest. Class Counsel must identify and submit the claims of all class members and class claims to the Tax Commission by December 1, 2004. The State will then review and the Court will approve the claims, and the State will issue a refund check to Class Counsel on or lifter July 5, 2005 for the total amount of the refund. After Class Counsel has paid The attorneys fees and costs out of the refund amount, Class 'Counsel shall issue refund checks to each of the class members. Upon receipt and .negotiation of the total refund amount due to himherit, each member of the class (will be deemed to release the State of Utah and its agencies and employees from any court-approv- t, h. Published in the Emery County ' vs. MacArthur Dalton and Doris J. Dalton Defendant. STATE OF UTAH TO THE ABOVE DEFENDANTS: after the service by publication if you reside outside of State of Utah. If you fail to do so, Judgment by Default will be taken against you for the relief demanded in said Complaint to Determine Adverse Claim to Property and to Quiet Title. day of May, 2004. DATED this 25 P. Chiara Attorney for Plaintiff Published in the Emery County Progress June 1, 8 and 15, 2004. INVITATION FORBIDS NOTICETO CONTRACTORS Bids will be in accordance with the specifications prepared by Johansen & Tuttle Engineering, Inc., 90 South 100 East, Castle Dale, Utah. This decision is also subject to appeal pursuant to 36 CFR 251.82. Notice of appeal must be postmarked or received by the Appeal Reviewing Officer within 45 days of the date of this decision. A notice of appeal, including the reasons for appeal, must be filed with the Regional Forester, Intermountain Region, Federal Bids will be received by North Emery Water User's Special Service District until 2:00 p.m., June 3, 2004, at the office of Johansen & Tuttle Engineering, 90 South 100 East, PO Box 487, Castle Dale, Utah. Building, 324 25th Street, Ogden, UT 84401 . A copy of the notice of appeal must be filed simultaneously with Alice Carlton, Forest Supervisor, 599 West Price River Drive, Price, Utah 84501 . Appeals must meet the content requirements of 36 CFR Bids will then be opened and read aloud. A bid bond in the amount of five percent of the bid, made payable to the Owner, shall accompany the Bid. 251.90. Major items of work include: 1 . PVC Pipe (Class 200) - 7,830 ft. PVC Pipe (Class 200) - 2,745 ft. 2. PVC Pipe (Class 200) - 1,200 ft. 3. To obtain a copy of the DNFONSI, request additional information, or to discus? the or Carter Reed decision, contact Tom Lloyd Published in the Emery County Progress June 1, 2004. ATTORNEYS meeting and The Owner reserves the right to reject any or all bids or to waive any formality or technicality in any bid in the interest of the District. Randy Bell, Chairman May 14, 2004 NEWUSSD Published Tax the of ID at a point 233.4 feet West of the NE corner of Parcel 29, Plat in Section 16, T20S, R7E, SLB&M, thence West 100 feet, B, thence South 200 feet, thence East 100 feet, thence North 200 feet to the FERRON point of beginning. trust deed forecloThe Trust Deed being foreclosed by these sure proceedings is dated the 7' day of October, 1 998 and was executed by DORIS WALKER, as Trustor, in favor of Margaret M. Bair or her Successor Trustee, as Trustee of the Margaret M. Bair Revocable Trust dated the 3,d day of December, SETTLEMENT. ; above-caption- TO the BEGINNING determine: (a) whether the settlement should be approved as fair, just, reasonable and adequate; and (b) the amount of attorneys fees and costs to be awarded to Class Counsel and those retained to assist Class Counsel. The Court may adjourn or continue the hearing by oral announcement at such hearing or at any adjournment without further notice of any kind. Any class member may, but is not required to, enter an appearance in the Litigation and be represented by counsel of his, her or its choice and expense. Any class member who does not enter an appearance will be represented by Class Counsel. Any class member who objects to any aspect of the settlement may appear and be heard at the hearing. Any such person must submit a written notice of objection, mailed or hand delivered such that it is received on or before July 1 5, 2004, at 5:00 p.m. (MDT), by each of the following: (1 ) Clerk of the Fourth Judicial District Court, 125 N. 100 W., Provo, Utah 84601 (2) Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, 1800, Salt Lake City, Utah, 84111; and (3) Clark L. Snelson, Assistant Attorney General, 1 60 East 300 South, Fifth Floor, P.O. Box 140874, Salt Lake City, Utah 84114-087Your notice should reference the matter. OPTION the Emery, State of Utah, more particularly described as follows: On August 1 2, 2004, at 9:00 a.m., the Court will hold a hearing in the Fourth Judicial District Courthouse at 125 N. 100 W., Courtroom 301, Provo, Utah, in the courtroom of Judge Lynn W. Davis. The purpose of the hearing will be to V. Progress May 18, 25 and June 1, 2004. The following described real property will be sold at public auction to highest bidder without warranty as to title, possession or encumbrances, as front door of the Emery County Courthouse, 95 East Main, Castle Dale, Utah, on 23rd day of June, 2004, at 12:00 noon, of said day: Situated in the County FEES AND COSTS. ON PROPOSED in the Emery County NOTICE OFTRUSTEES SALE one-thir- HEARING is mandatory and a prerequisite to submitting a bid for the site-sho- project. Class Counsel are entitled to be compensated for their efforts on behalf of those entitled to refunds and for their risk in undertaking the representation of the d class on a contingency basis. Class Counsel will request a fee equal to all Class of of for Counsel has refunds obtained amount the taxpayers. gross (13) advanced costs for the benefit of the class and will be required to advance additional costs in furtherance of the settlement, e.g. costs of obtaining invoices and costs of publishing this notice. Accountants retained by Class Counsel to assist in the process of gathering invoices also undertook their work on a partially contingent basis and will not have been paid in full for their services. Class Counsel will seek reimbursement of these cost amounts incurred on behalf of the class from the total refunds obtained for the class. IV. (5) Prospective bidders may assemble at the office of North Emery Water Users Special Service District, at 1325 North Highway 155, Cleveland, Utah., May 27, 2004, at 10:00 a.m., for the group site showing. Attendance at the project reasonable and adequate and in the best interest of the class. Class Counsel will attempt to identify all claims by reviewing vendor records, however, if you would like to ensure that you are considered for a refund, you may submit to Class Counsel your invoice or other documentation evidencing a furnish and install purchase on which sales or use tax was paid between December 22, 1 997 and the current date. This information should be as soon as possible, but no later than September 1, 2004, to Class Counsel at Holme Roberts & Owen LLP, Dee Heugly, 299 South Main Street, Attention: 1800, Salt Lake City, Utah, 84111. As a class member, you should retain all of your records pertaining to the payment of sales or use taxes on furnish and install purchases of floor coverings since December 22, 1997 in case the records are not available from the vendors. III. ALL PERSONS, INCLUDING j Region, 324 25th Street, Ogden, UT 84401. is: Regional Forester, Intermountain Appeals must meet the content requirements of 36 CFR 215.14. OF UTAH, Defendants. AND FOR IN Bids will be received by North Emery Water Users Special Service District for the Water Line Project, 2004. claim related to the collection of Utah sales or use tax overpaid on a furnish and install purchase. Class Counsel believes the terms of the settlement are fair, 010402468 JUDGE LYNN W. DAVIS COURT STATE OF UTAH This decision is subject to appeal pursuant to 36 CFR 21 5.7. Any written appeal must be postmarked or received by the Appeal Deciding Officer within 45 days of the publication of a legal notice in the Sun Advocate. The Appeal Deciding Officer NOTICE OF SETTLEMENT OF CLASS ACTION : COUNTY, Michael J. Gowdy, Plaintiff Ranger District. Ferron-Pric- e JUDICIAL DISTRICT EMERY You are hereby summoned and required to file an answer to the Complaint to Determine Adverse Claim to Property and to Quiet Title filed with the Seventh District Court at 1850 North 560 West, P.O. Box 635, Castle Dale, Utah, 84513, and to serve upon Plaintiffs attorney, a copy of said Answer, within twenty (20) days after the service by publication if you reside in the State of Utah or thirty (30) days NOTICE OF DECISION NOTICE OFTRUSTEE'S SALE HEREBY 1 THE SEVENTH IN available for public inspection at Orangeville City Office, 5 North Main Street, during normal business hours. A public hearing will be held on Thursday, June 10, 2004 The present owner is reported to be Doris Walker. 1997, BENEFICIARY. The purchase price is payable in lawful money of the United States of Bidders must be prepared to tender to the Trustee a $5,000.00 America. deposit in certified funds or a cashiers check at the time of sale to secure bid, and the balance of the purchase price must be paid in full in the form of certified funds or a cashiers check within 24 hours from the time of sale. This Trustee's Sale Is subject to a bankruptcy filing, a payoff, a reinstatement or any other condition of which the Trustee is not aware that would cause the cancellation of this sale. Further, if any of these conditions exist, this sale will be null and void, the successful bidders funds shall be returned and the Trustee and the Beneficiary shall not be liable to the successful bidder for any damages. THIS COMMUNICATION ANY INFORMATION IS AN ATTEMPT TO COLLECT A DEBT, AND WILL BE USED FOR THAT PURPOSE. OBTAINED OPT-OU- DATED: May 20, you wish to opt out or be excluded from the class, you must give notice of your decision to opt out of the class. Such notice must be in writing, postmarked on or before July 15, 2004. Persons who request to opt out of the class will not be entitled to share in the benefits of the settlement or any other orders 2004. If Mark H. Tanner, Attorney Successor Trustee 655 South Main Street Post Office Box 538 Orangeville, Utah 84537 and judgment that have been entered by the Court in the Litigation, will not, have their interests represented by Class Counsel and will be responsible to pursue any claim for a refund on their own and at their own costs and expense. In making a decision to opt out of the class, it should be considered that participation in the class action will allow for refunds on purchases extending back to December 22, 1997, that a refund amount will be calculated in the same manner whether or not you remain a member of the class and that, based on the common fund doctrine, Class Counsel will seek to collect a fair attorney fee in connection with your refund in the event you opt out. But for the class action, refund requests are barred after three years from the date the sales or use tax was overpaid (i.e. the date of purchase). Notices that you wish to opt out of the class should be sent to Class Counsel at Holme Roberts & Owen LLP, Attention: Dee Heugly, 299 South Main 1 Street, 800, Salt Lake City, Utah, 841 1 1 The notice should state your name and that address, you wish to be excluded from the class in the matter, be signed by you and identify the vendor(s) from which you made your furnish and install purchase(s). IF YOU CHOOSE TO REMAIN A MEMBER OF THE above-caption- CLASS, YOU WILL BE BOUND BY THE TERMS OF THE SETTLEMENT ORDER OR JUDGMENT ENTERED BY THE COURT. AND BY ANY (435) Published in the Emery County 1 748-557- 7 and 8, 2004. NOTICE TO ALL EMERYCOUNTYRESIDENTS Bruce C. Funk, Emery County ClerkAuditor, do hereby certify that the following is a list of names of candidates who have been certified to me by the Lieutenant Governor of the State of Utah and or their political party which shall appear on the I, ballot for the June 22, 2004 Primary Election. GovernorLLGovernor Republican Jon M. Huntsman Governor This Notice is a summary and does not describe all of the details of the Settlement or Class Counsels request for an award of attorneys fees and costs. For full details of the matters discussed in this Notice, you may desire to review the motion for approval of the settlement and the motion for an award of attorneys' fees and costs filed with the Court, which may be inspected during business hours, at the office of the Clerk of the Court, 125 N. 100 W., Provo, Utah 84601 For further information regarding this settlement you may contact: Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, 1800, Salt Lake City, Utah 84111, 9 facsimile: or (801) telephone: (801) Progress May 25, June Nolan E. Karras Governor Second Congressional Gary R. Herbert Lt. Governor Enid Green Lt. Governor District . 323-327- 521-963- Republican Tim Bridgewater John Swallow settlementhro.com. Emery County Commissioner UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO TELEPHONE THE COURT, THE CLASS ACTION JUDGE OR HIS CLERKS. THE COURT IS TO HANDLE THE QUANTITY OF POTENTIAL INQUIRIES AND, IN ADDITION, THE COURT CANNOT GIVE LEGAL ADVICE. DATED this 3r(l day of May, 2004. Progress May IsLYNNW. DAVIS The Honorable Lynn W. Davis 1 1 , 1 8, 25 and June 1 , 2004. Republican Louis John Sansevero Drew Cox Sitterud Certified this 20 day of May, 2004 Bruce C. Funk Emery County ClerkAuditor Published in the Emery County Progress June 1, 2004. |