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Show __The Salt Lake Tribune UTAH Wednesday, September 24, 1997 Crews Defy USU Order to Stop Building BYDAN EGAN THE SALT LAKETRIBUNE Shelton said crewsare onlytrying to get the outside of the building complete before harsh winter weather hits. He said work will stop after that until the issue is resolved. Utah State University administrators ordered workers Tuesday to stop construction on whattheysay is an unauthorized addition to the Western Medical Surgical Center, a private clinic and surgery center located on A Utah woman waskilled and five other people Nonsense, says Simper. He acknowledged that some lower- struction whenit first started last year. But he said when top administrators found out about it, they ordered the halt immediately. Donald's. but you can’t just come up here andstart building becauseit suits your own economic purposes.” Simper said USUordered workers to stop construction on the 1,600square-foot addition last winter after were injured, two eritically, when the van they were in veered off Oklahoma 11 and struck a tree in Osage County, the Oklahoma Highway Patrol said. The driver, Inez Lorrain Tillman, 59, of Benson was pronounced dead at the scene of Monday's crash, Troopers said two passengers, Benjamin Tillman, 4. and 11-month-old Tyler Tillman, both of Hyrum, were hospitalized in Tulsain critical condition. a thority,” he said. The surgery center has about 30 yearsleft on its land lease, for which it pays USU $1 annually. In addition to the dollar, the center Rusty Committee May Subpoena BY JIM WOOLF gar Lane in West Jordan. One suspect, Jason D. documents from the White House Hare, 19, is in the Salt Lake CountyJail on an unrelated charge. Detectives have issued a warrant for Grand Staircase-Escalante National Monument in southern Utah. thesecond suspect, Ralph Johnson Jr., 19. The vie- tim, David Foulger, wasin the car’s passenger seat when the suspects approached from a second vehicle. Foulgar was stabbed once in the chest and cut on the hand and arm. Police said the victim and the suspects were in the drive-up lane at 2:35 a.m. to order food. They believe offensive gestures or glances touchedoffthe altercation. Q PARENTSTURN IN SON A 21-year-old Salt Lake County man was arrested and charged with growing and packaging marijuana Tuesday after his family tipped off detectives. The man’s sisters hadtold their father about somecuri- ous plants sprouting in paint buckets in the back yard. Whenthe father saw them, the police were called. Detectives seized the plants and left. Still sus- picious, oneof the boy's brother's bedroom. sisters snooped through her hed above some ceiling tiles, she found three baggies of marijuana, joint-rolling lows some internal documents to remain confidential Among those who haveseen the confidential papers is Sen. Bob THE SALT LAKE TRIBUNE A congressional committee will decide today whether to subpoena regarding the origins of Bennett, R-Utah, who in June characterized them this way: “In the general terms, the documents confirmed absolutely the longstanding belief that the adminis- tration misled the Utah delega- Rep. Don Young, R-Alaska, is tion and the general public” scheduled to ask membersof the House Resources Committee for their approval in issuing the subpoena, Young is committee chairman. Utah Republican Reps. Jim Hansen and Chris Cannon are members. The Clinton administration has released a numberof documents concerning its secret deliberations prior to last year’s surprise announcement of the monument. But some internal memos dealing with political strategy have been shownto only a few members of Congress on the condition they take no notes and keep the con- about the origins of the monu- ment. They show that primary motivation for creating the 1.7 million-acre monument was “politics,” said the senator. The goal of Young’s planned subpoena is to make these docu- mentsavailable for a detailed review by congressional staffers, said Jeff Hartley, spokesman for Cannon. “We're not sure what we're looking for,” he said. “We're lookingto look.” If the committee approves the request, he anticipates ‘‘a series of requests for groups of docu- papersand a joint-rolling machine. Detectives then tents confidential. The federal Freedom of Information Actal- the additional evidenceandwere told bya sister that her brother's friends cameto the house to buy mari- Reception to Raise Money for Pet Surgeries ments” as the investigation continues. were calledto return to the house, wheretheyseized juana. Herbrotheris in the Salt Lake Countyjail on $5,000bail The Art For Animals VI recep- tion andsilent auctionwill be held oO Friday from 7:30 to 10 p.m. in Me- AIDE CHARGED A 35-year-old certified nurse's aide from Salt Lake Countyhas been charged with forcible sexual abuse for allegedly fondling an adult disabled patient at Millcreek Health Center, 3520 S. Highland Drive. On Tuesday, Fernando Ventura was charged morial House at the entrance to City Creek Canyon The event is sponsored by the Volunteer Advisory Board for Salt Lake County AnimalServices cilities is to serve our university com- provides some medical care to USU and the Salt Lake Arts Council. A $10 donation is requested and proceeds will be used to help people who cannot afford the cost of spaying or neuteringtheir pets. Light refreshments will be served. For more information, call 269-7400. munity. In that case over there, it’s not so clear because they don't exclusively service the campus community.” Shelton said about 5 percent of the business at the center involves USU athletes. “We haven't challengedthatlease to this point, but this addition here may cause us to relook at that,” said Simper. Shelton said he would bewilling to renegotiate the lease. Meanwhile, no end to the construction controversy appears in sight. “This ‘in your face’ approach, in lieu of seeking proper authorization through appropriate channels, is ill advised,” states a Sept. 23 USU letter to Shelton. Administrators have given Shelton until today to stop the work. “Please do not press our patience on this issue. If voluntary complianceis not immediately forthcoming, campus police will be requested to escort workers away from thesite.” Shelton said Tuesday he had not decided whetherto stop work on the ad- dition. Court: Y. Students Cannot Sue U.of U. Bookstore White House for Secret Documents on Monument Attempted homicide charges were filed Tuesday in 3rd District Court against two men suspected of stabbing andbeating a 17-year-old Kearns boySept. 6 whilethe victim sat in a car parkednear the driveup window at a Sconecutter restaurant, 6149 S. Cou- competitors have complained. I think it’s the idea of a private business on public property,” said Simper. “We have other private businesses [on campus], but we have to be very careful that the primary purpose of those fa- propertywithout appropriate state au- Board and state Board of Regents. STABBING SUSPECTS USUproperty. “Certainly [Western Surgical’s] “The bottom line is, whatever mishave,you can’t build buildingson state approval from the state Building President But Simper said not everybody is happy with the fact that a private, forprofit surgery center is operating on understandings people think they may the administration became aware work had begun without the required center USU officials could not say Thursday how muchthe schoolspends annually to run the building. “It's a fair and equitable deal for both parties,” said Shelton. level staff members knewof the con- attorney Craig Simper. “Our quad up here would beagreatplace for a Mc- Surgery USUwill be given the building, which Sheltonsaid is valued at $2.5 million. son. The work stopped, until last week UTAH WOMANKILLED IN OKLAHOMA vices for the 18,000-square-footfacility. which the surgery center owns. When the lease expires in 2025, Sheltonalso said he believes he had “It just blows me away,” said USU FOR THE RECORD basic maintenance andcustodial ser- USU'’s blessing to move ahead with the Butthe builders kept building. in USU also provides utility, parking, tion’s position switched for some rea- Stadium in Logan. Meeefon lift weights projectlast winter,but the administra- university property north of Romney y VYFEELot %ep K At CSTE OF / lis GSSECSE ISY SEKfp athletes as well as space for them to BY SHEILA R. McCANN ‘THE SALT LAKE TRIBUNE by the students do not applyto states or Two Brigham Young University students cited for selling taunting T-shirts before a 1994 football game atthe University of Utah were “perhapsvery unfairly treated,” but theycannot sue the pressed Ochoato admit a mistake had been made, based onthelater dismissal the seizure of the T-shirts, she said. U.S. District Judge Dee Benson of the charges. Sheresisted, explaining the U. of U.still considers the block- letter red U “an integral component of manyof their trademark logos.”” U. bookstore for shutting them down,a But Benson objected that the students were confronted, detained andin- federal judge ruled Tuesday. Entrepreneurs Stephen Jenkins and John Paul Kennedy Jr. had T-shirts printed with ‘‘Why Ask? Y” on the correctly told what they were doing was unlawful. front and ‘Mamasaid . . . Knock U Qut!” on the back. The Y wasblue, the U wasred. “The unpleasantness of all this continues to be totally ignored by the state,” the judge said. Attorney John Paul KennedySr., fa- Bookstore Assistant Manager Russell Messerly contacted campus police, con- ther of then-BYU student Kennedy, argued the state should not be immune, despite a section of state law blocking suits stemming from prosecutions and judicial proceedings. cerned the red Uonthe shirts violated the University of Utah's trademark red U with a drum and feather. Thirty-nine shirts were seized and the students werecited The bookstore’s actions interfered with the students’ time-sensitive busi- But the charges against the students weredismissed in January 1995 whena state judge ruled the plain red U was not a protected trademark. The stu- ness enterprise and restrained trade, damagesseparate from the failed prosecution, KennedySr. argued. Benson disagreed, noting the shirts were seized as evidence. “Everything falls into the trap door of immuneactions,” he ruled, dismissing all claims against the bookstore dents then sued the U. bookstore and Messerly. Assistant Atty. Gen. Barbara Ochoa successfully argued the claims against the bookstore should be dismissed. The The state next will ask for the dis- students’ federal constitutional-rights claims can be brought only against a person, shesaid. Their claims based onstate law, such as negligent training and supervision, missal of claims against Messerly, arguing he deserves qualified immunity, said Assistant Atty. Gen. Dan Larsen. It was not clearly established law that fail because the bookstore is shielded signing a complaint for a trademark violation as a witness — as Messerly did from liability under the state Governmental Immunity Act, she added. And — would violate a defendant's constitu- the federalrestraint-of-trade lawscited tional rights, Larsen said. with the second-degree felonyfor a Juneincident in which he allegedly took indecent liberties with the womanand caused the womanto touch him. Healso was charged with a class A misdemeanorfor abuse of a disabled adult, Bail was set at $10,000. A Health Center employee said Ventura no longer works at the facility, but Millcreek officials could not be reached late Tuesday. According to court docu- ments, Millcreek administrator Mike Daskalas and several nurses assisted investigators. was found behind her Ogden homeAug. 25. Garcia was arrestedin Arizona. According to Weber County Deputy Prosecutor Bill Daines, his office was noti fied by San Mateo County that Garcia had been found guilty of burglary in California and was on parole when he moved to Utah twoyears ago. Garcia’s preliminary hearing in Utahis scheduled to begin Oct. 3 in 2ndDistrict Court Water Districts Holding Hearings on Tax Hikes tytaxes Interstate 15 =~ holding pubs to proper The Central Utah Water Conservancy District (CUWCD) andthe Salt Lake County Water Conser. vancyDistrict (SLCWCD) plan to increasetheir tax rates byabout 24 percentand33percent, respective ly Revenues generated by the CUWCD increases wouldgo primarilyto help payfor the recently com pleted Jordanelle Dam andto build a new system that would deliver Strawberry Reservoir water to farmers in southern Utah Countyand Juab County Plan, Will Narrow @ Lane closures on I-15 betweenthe |-215 interchangein North Salt Lake and 2600 South in WoodsCross. © The 600 North interchange forI-15, including 600 West @ 3300 South onrampto I-15 northbound and I-15 northboundofframp to 3300 South closed. @ 500 South to 1-80 westboundclosed. @ Ramp closures from 7200 South to southbound1-15, from 7200 Southto northbound I-15 and from Section to 2 Lanes SLCWCD's hearing is Thursdayat 10 a.m. at 8215 S. 1300 West in West Jordan. — Brent Israelsen S.L. Sheriff's Office Wins Grant WASHINGTON, D.C. — The U.S. Department of Justice has awarded a $1.5 million grant to theSalt Lake County Sheriff's Office. Grant funds will pay for the addition of 20 fulltime positions to the office. Funds are part of the S. Temple @ !-15 northbound collector to 2100, 1300 and 900 South is closed, Use temporary ramps. @ 1300 South onramp to southbound I-15 collector closed. 4 % 34, @ Southbound collector closed. @ Northboundtraffic between 10600 South and 9000 South reducedto two lanes. @ Ramps from northbound and southbound I-15 to 2100 South closed at 10 p.m a Interstate 80 .s— @ Minor lane closures between Lambs Canyonand Kimball Junction. @ Lane closure on eastbound1-80 from 300 West to State Street @ Westbound I-80 closed from State Street to the I-15 Interstate 215 12600 S. Draper 138005. NORTH @ Vine Street overpass at |-15 closed. @ Minor delays on 700 East between 7500 South and 9400 South. @ Minor delays on 2000 East-Highland Drive from Bengal Boulevard to 9400 South —— @ 2100 South Freeway @ ——— ®@ Lanerestrictions on State Street from 2990 South ——— V Bangerter Highway ¥ ——— © MajorSurface Streets & ———— @ Shoulder work on Redwood Road between 2100 c ‘Schedule subject ibject to to change chi — to 4330 South @ Lanerestrictions on 3500 South between 3600 West and 4800 West. ® 2100 South closed between 2100 East and 2300 East, @ Lane closures on Redwood Road between 6600 South and 9000 South @ Lanerestrictions on 5400 South at 4800 West ®@ Southbound Highland Drivediverted to northbound lanes from 4500 South to 4800 South South and 3500 South. The Salt Lake 1 Tyibune} v squeezed to two lanes in each direction. That is a switch from plans announced earlier this year. Builders wanted to keep three lanes openalong that stretch, except during an 11-month period Now, the only section that will have three open lanes throughouttheentireproject is betweenthe I215 interchangeand 9000 South ‘That meanstraffic will go fromtwo lanes each w: along the north end ofthe project to three lanes at the interchange and back to two lanes at 9000 South Threelanes between the two interchanges are expected to ease the flowof traffic entering south: boundI-15 fromeastbound1-215 or fromthe 9000 1-15 to 1-80. Y Work continues on Bangerter Highway expansion from 9000 South to 1-15. For 22 months beginning thefirst week in October. traffic between 9000 South and 10800 South will be enough time to comfortably merge with through & ———— @ Westbound 2100 South ramp to southboundI-15 closed @ 2100 Southrampto eastbound1-80 closed over varioussections on Interstate 15 through Salt Lake County. But that good newsdoesnot ensure that motorists are immunefrom last-minute changesaffecting traf- have its own lanes for nearly 30 city blocks — @ Onrampfrom700 East to westboundI-80 closed A Road builders either are ahead of or on schedule South onrampto northbound 1-15. Such traffic will 10600 S. interchange. Inside northbound and southboundlanesclosed from University Parkway, Orem For a more complete listing of road work, see Saturday's Tribune re) %% Salt LakeCity @ 4500 South on- andofframps for southboundI-15 closed. scheme to pipe water from the Bear River to Salt Lake County CUWCD's hearingis today at 11 a.m, at 355 W BY JOHNKEAHEY THE SALT LAKE TRIBUNE. @ 2700 South overpassbridge closed mainly to finance new water projects, most notably a Revenues from SLCWCD's tax increase would go Great ry TS southboundI-15 to 7200 South. 7800 South closed under freeway @ Rampclosures from eastbound |-80 to northbound |-15 and from northbound |-15 to westbound1-80. 4 Major ramp closure from westbound 1-215 to northbound I-15. 4 Ramp closed from northboundI-15 to eastbound1-215 Commynity Oriented Policing Services, I-15 Builders Revise Oa PAG YDIeSEq, year-old Erika Arroyo was charged Tuesday with being a fugitive fromjustice by California authorities Garcia, 25, was charged Sept. 10 in Utah with capital homicideinthedeath of Arroyo, whose body lic hearings this week on sizableincre e under the 600 North viaduct,is closed. [ CALIFORNIA CHARGES MURDER SUSPECT The man charged in the rape and murder of 7- Utah’s two largest waterdistricts¢ Today's Highway Hot Spots 1 traffic. ‘The extra lanein each direction ‘will makeit safer because it will reduce the number of lane changes vehicles must make,” said John Leonard, spokesman for the Utah Department of Transportation. ‘The new traffic-management plan was proposed late last week, At the same time, UDOTtold builders they would betearing down the 10600 South inter: change and raising the freeway 25 feet for a pro posed underpass at 10000 South. The interchange and underpass wereoptions that UDOT wanted Wa satch Constructors to include in the contractor's original proposal. Sandy Cityis paying the nearly $5.7 million addi. tional cost for the underpass. For the rebuilt 10600 South interchange, UDOT is paying $11.9 million above the $1.59 billion set aside for the entire I-15 reconstruction. But even with the changesin traffic patterns, the state's highway planners are pleased with I-15 progress, Being ahead of schedule on various segments is good news, Leonard said, “That may not translate into having the project done faster. But it does mean that [there is] more time tolet the dirt settle before they lay down the roadbed,” he said. “An extra month or six weeks of settlementtranslates into a higher-quality project.” +. —>. q my 3 |
