| OCR Text |
Show The Salt Lake iribune UTAH Friday, June 14, 1996 B6° Overson, Horiuchi Cannot Be Sued, Lawyer Says Family Suit Accuses S.L. Commissioners Of Malicious Conduct BY LINDA FANTIN THESALT LAKE TRIBUNE The Eugene Croxford family has accused Salt Lake County Commissioners Randy Horiuchi and Brent Overson of intentionally ignoring zoning ordinances. right-of-way laws and fire codes in approving a project that left Croxford’s property boxed in by ping center. property to Hermes Associates for expansion of the Fort Union Family Center — a redevelopmentproject for which the county But Jay Gurmankin, the Salt Lake City attorney representing Overson and Horiuchi, says his clients weren't notified before- ing And besides, Gurmankin said. Overson and Horiuchi cannot be sued because as government offi cials they are immune. The allegations stem from Croxford’s refusal to sell his and commissioners of plans to sue The case has stirred up skepticism about redevelopment pro Gurmankin. State law says the no- charges Overson. against Horiuchi them as individuals until last month and that’s too late, s had no obligation to pay for outside counsel If Overson and Horiuchi are found guilty and damages award- ed, the county could have to sue the commissioners to recover the jects and accusations that the tice must be given within one year lot is boxed in by the shopping commission is in the pockets of developers. after the claim arises — in this case, by October of 1995. “The big picture is that the commissioners decided that this Third District Judge William A Thornewill have the last word on in the position of suing a former client, Short said On Short's recommendation, project was going to have their blessing,” said Walter Bugden the plaintiffs’ lawyer. “And then whether Horiuchi and Overson can be sued. A hearing onthe matter is expected to be scheduled the commission Wednesday agreed to pay Gurmankin $140 did everything they could to en- this summer. sure the developer would be al- Legal fees to defend the commissioners will be paid by the county under an agreement signed this week. The commis- center. The family suedto stop the project in 1993. Last November, the Utah Supreme Court ruled the county broke the law when it prepared the redevelopment plans, and the decision set the stage for a civil suit against Hermes and the can't prove the commissioners had anyduty to enforce the ordinances they are aceused of ignor- torney after County Attorney Doug Short claimed a conflict of interest and suggested the county agreed {o provide $4.3 million in tax breaks. As a result, the acre hand about the charges of mali cious conduct. And the plaintiffs sioners had to hire their own at county. Plaintiffs asked the court lowed to build it even if it meant ignoring the law.” But plaintiffs didn’t tell the in May to add malicious conduct money. That wouldput the county per hourto take the case. The countyreserves the right to recover all defense costs and judgments against the county if the commissioners are guilty, Short said found RNa SaSS SERS SSSneel concrete walls and a major shop- Judge Tosses Suit Over Commandments @ Continued from B-1 * Reg, 239.99 cluded, adding. “This court alsois sensitive to the fact that many. if notall. civil-rights cases tend to Get a bright clear picture at a sharp price! On-screen menus make test the limits of the law in order to define the outer breadth of our constitutional freedoms Barnard on Thursday denied the “judge shopping” allegation input jack The iawyer said Benson madea blatant misstatement of fact when the judge wrote that Barnard asked Campbell to reconsid: SANYO er the earlier religious-freedom action rejected by Benson In fact. said Barnard. under federal court rules the entire mat © Emerson ter was certain to be returnedto Benson's court once Barnard asked that the cases be combined If we were judge shopping we wouldn't have madethe motionto consolidate.” he added Barnardsaidhewill ask Benson to amendthe portionof his order alleging judge shopping He also said the entire case will be ap $ — Reg, 159.99 Hot price makes now thetimeto pick up a42a oe 2nd TV! On-screen kes everyday operation extra easy! 18]-channel tuner pealed to the 10th US Circuit Court of Appeals Summum. founded in 1975 and SANYO based in a pyramid building at 27" Stereo TV 707 W. Genesee (850 South) in Salt Lake City, claims 20.000 worldwide followers of its “Phi sacramental wine and Principles. including psychokinesis tion se and effect Four years before Summum’s inception. the Fraternal Order of Eagles bestowed the 3-by-5-foot monument of the Ten Command: ments on the county Salt Lake was one of numerous communi ties to receive a gift of the Ten Commandments from the organi zation. In the early 1990s. legal disputes broke out in Pocatello and Blackfoot. Idaho. 5289: oe a 27” picturewith built-in stereo speakersfor this low, low price! 11'S stereo and DBXnoise reduction for opdmumsound Also includes trilingual onscree ‘n-menudisplays and 6004ine honzontal resolution Divine Proportion” thesis. Patri arch Corky Ra espouses cosmic Reg, 379.99 Biv on Activation Fee FREE R Car Power Cord Computer over the monuments’ presence on public property Benson. relying on 4 10th Cir cuit case. ruled the Ten Com- mandments display is secular not religious in nature” because neither its purposenorits effect is to “establish religious belief. travel friendly model! oni: cima timex Watches Phone offer includes xe The judgedid not agreewith Bar: nard that a recent US. Supreme Court case made nodistinction between religious and secular public forums Thejudgeadded The natural, but erroneous, conc sion to Sum: mum's ar; pression sponsored by the “state whether secular or religious. will create a public forumif the ex pression occurs onstate property If that were the case. the county could no more chisel the words andjusticefor all’ into the facade above the courthouse ent without openingitself to contrary opinions similarly displayed on TIMEX “With 12-month AT& T ireless Service Activation (See store fordetails.) Dee Weergore SONY. the courthousewalls Leavitt Presents Safety Award to UTA Gov. Mike Leavitt presented the Utah Transit Authority on Tuesday with the highest award for transit safety During an afternoon ceremony in the Governor's board room UTA management and union leaders received the John A. Vol. pe Silver Safety Award for 1995. pcognizing thetransit ag aot the ninesafest bus systems orth America ISAVE 20% All Computer Software FromToday's Prices * With In-Store Coupon What's on your List for Dad? _ You'll find what Dad wants, Friday, Saturday and Sunday at Freddy’s. | Vaa wasaSecretary of Trans j ion. The award is adminis. | i tation in the Nixon Adminis. tered Transit by the American Public ; i Association | | | Remember, = a.i249 Dave Dalion’s SHINGLETON’S PFAFF*® == 1533 SOUTH1100ttAst 920-8 Day & Semurday Savy Toons 3-DaySale! Prices good Friday, June 14 through Sunday June16, 1996.NEW SUMMER HOURs: Open 7AMto 11PM daily. Father's Dayis this Sunday, June 16. Seen | | | j Sth South Sth East open 7AM to Midnight. Overland open KAM to 10PM. American Fork, Bountiful and Sandy opeo 8AM to 10PM. |
