| OCR Text |
Show _ The Salt LakeTribune UTAH Sunday, May28, 1995 Court: Housing Rule Unenforceable By Sheila R. McCann THE SALT LAKE TRIBUNE Subdivision residents can lose their right to enforcerestrictive covenants — such as limits on building styles — if they allow widespread violations, the Utah Court of Appeals has ruled. Subdivision covenants are generally enforceable, wrote presiding Judge Gregory K. Orme. However, a specific rule cannot be forced ona residentif the rule has been previously abandoned, the court said in a decision released last week. “In simplest terms,’ Orme wrote, ‘this test is met when the subdivision, located in the east bench area of Bountiful Woodshingles were required in original covenants, recorded in Davis County by the developer in 1978. A community-development committee was charged with enforcement. Sometime prior to 1985, the committee memberswere using a copy of the covenants that had a handwritten insertion allowing tile roofs. They approved several homes with tile roofs, and six homes were built with Fiberglas/asphalt shingle roofs without average person, upon inspection of a subdivision and knowing of a certain restriction, will readily observe sufficient violations so that heor she will logically infer that the property owners neither adhere to norenforce therestriction.” The court ruled in a 1991 lawsuit filed by C.W. Fink against Jim and ShannonMiller over a requirement for wood-shingleroofing in the upscale Maple Hills committee approval By the end of 1985, there were 29 completed homes, and only eight had wood-shingle roofs. Twenty-one had tile or Fiberglas/asphalt roofs. But since 1985, the committee has sought to enforce the woodshingle requirement.In 1990, the Millers’ plans for a home, with a wood-shingle roof, were approved. A yearlater, the Millers unsuccessfully sought permission for a Fiberglas roof. They began in- stalling the forbidden Heth until he feels comfortable Due to neglect and poor living conditions, Elvis and his three other siblings were placed in fos: ter care in the fall of 1990. Elvis has been in his current foster home since March 1993 and has adjusted well. Elvis was born with drugsin his shingles anyway. Fink, another subdivision resident, filed a lawsuit in 2nd District Court. Judge Jon M. Memmott issued a preliminary order to stop the Millers’ use of Fiberglas shingles. But after personally examining the subdivision and hearing arguments, the judge ruled the woodshingle rule was unenforceable. In final 1994 order, he held the committee must approve any roofing materials of adequate quality that blend “harmoniously with the current neighborhood.” Asof July 1993, the judge noted, 23 of the 81 completed homes had nonwoodroofs. That numberis a “pivotalfact”’ that demonstrates the abandonmentof the wood-shinglerule, the appeals court found.It upheld the judge’s decision andhis refusalto allow the case to go totrial. The committee canstill enforce other covenants related to roofs, the court noted, such as rules aboutthe quality of materials and colors, limited to earth tones HEATHERM. Heatheris a lively 13-year-old who enjoys reading,listening to music and doing arts andcrafts. She hasa strongsinging voice that would be well-suited to rock music, her social worker believes. She also likes swimming and hiking and has a good sense of humor,Herhigh energy level can be muchto handleat times. Due to abuse, neglect and genetic mental-health problems, Heather has been in foster care since she was 7. She recently moved from residential treatmentcenter to a group home and is doing well. Her doctors are gradually lowering her medication dosages. Heather is in the fifth grade and is about a year behind. Her teachers feel she has at least an average learning ability, but her emotional problems and turbulent history has interfered with her learning. Heather has difficulty getting along with other system, is severely retarded and ~~ Heather M. Elvis T. children andlikes to be in control of most situations. She does not have a lot ofthelife experiences that others her age have so she has difficulties making friends ELVIS T. Elvis is an affectionate and playful 4-year-old boy wholikes to be cuddled. He is cautious with new people and situations and prefers to stand back and observe has some autistic behaviors. Elvis functionsat a 3- or 18-monthlevel and attends a special preschool program of physical, occupational and speech therapy. He is beginning to say simple one-syllable wordsand understandsverbaldirections. Elvis can drink from a cup but is not able to eat solid foods yet. He eats mashed baby food and has a feeding tube. Elvis is not yet toilet trained but is walking and gets into everything. A patient adoptive family is neededto deal with the slow progress being made byElvis. Elvis would do well in a family with other children who can provide good role models. He will need to stay in touch with his brothers andsisters To adopt oneof these children or others, contact the Rocky Mountain Adoption Exchange, 610 E. South Temple, Salt Lake City, or call 359 -7700. Financial assistance is available. Cookout to Honor Crossing Guards The Sandy City Police Departmentis having a cookout to honor the city’s crossing guards on Thursday. Thecookoutwill be at Flat Iron Mesa Park, upperlevel. Smith’s Food and Drug Centers have doHited the food. =For more information, call Sandy City offices. SCHOOL NOTES Five graduating high-school setifars have won Little Caesars-KTVX Utah Kids scholarships. Winning the 08 awards are: Jenefer Christof- erson, Payson High; Julia DeWeese, Cdftonwood High; David Swenson, Jordan High; Jessica Loveless, Grantsville High; and Nicole Jeffer- ies, Woods Cross High. West Jordan Middle presented math awards to six top students. ‘Bhey are: Allen Michaelis, Jason AlJames Dinger, Tammy Wood, y Harris and Tanya Christen- sett, WFree luncheswill be available to youngsters in Murraydistrict beginnirig June 5 at Parkside Elementary andHillsdale Park, West Valley. eilJeremy Jones, West Valley City, won a State Farm Companies ndation Scholarship that pays up +6°$6,000 a year. He is a studentat ‘Payiorsville High. “@ijacob Jensen, West High, won first place in the Utah State History Fair at Brigham Young University. He wrote a paper onthe ‘Battle for Wilderness,” in Utah. He will attend the National History Fair in Washington, D.C., on June11. 4Winners have been namedin the “fvery Shot Counts,” immunization contest in Salt Lake County Schools. They are: Brighton High, Glendale Middle School, Young Hree Checking Parents East atid West, Grace Luthern School and Grace Baptist School. Salt LakeCity- Céunty Health Department launched the campaign to promote a measlesritimps-rubella shot required for all seventh and 11th graders, The Salt Lake Rotary Club has awarded $18,000 in scholarships to six Salt Lake City students. They are: Jétq@Hardy, East High; Natalie Saley, Nofine print. No asterisk. No disclaimer. Thereis a timelimit though. It’s only free for the next one hundredyears.Is that a problem? Highland High; Elizabeth Laney, Jadge Memorial; Emily Wood, Row- land Hall-St. Marks; Theresa L. rt er, Salt Lake High; and Kelli Robinson, West High. Westridge Elementary, Provo, been named a Milestone School of Technology by Jostens Learning, the school’s business partner. The award salutes schools for technologieq) enhanced learning. MM Davis District offers free lunch beginning June 5 at Antelope Elemeyitary, Hillfield Elementary, Waue Elementary, all located in Clearfield, Sunset Elementary, and Crestview Elementary, Layton. Js are for children under 18 and will be served beginningat 11:30 a.m. Two Salt Lake Community Col- lege students were national champions at the National Career Diveieement Conference. Nathan Duersch, Magna, and Erick, Salt Lake City, won the honors. A new curriculum and activity guide for water-education teachersis available from the Utah Division of Water Resources. Naturalists and water-resource managers developed the Project WET (Water Education of Teachers) guide for instructing kindergarten through 12th-grade students, Guideactivities range from bolping youngsters imagine being a water molecule flowing through the water cycle to aiding high-school seniors analyze the relationship be- tween economics and environmental quality. For more information, contact the division, Suite 316, 1636 W. North Temple, Salt Lake City, 84116. It’s a personal accountcalled Centennial Checking. Anothis is the only place you canget tt ZIONS BANK | Member FDIC Official sponsorof the Utah Centennial sepia Meta MER NTS Sy Baer 5) |
