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Show THE DAILY RECORD MARCH 22, 1972 WEDNESDAY, Divorces Granted 5424 , Leonard M 3755 - Iay Nor ling Gilman vs Downington Ave (25) to S Janie Best, 2124 King St. (21) Mae Morris Craig Nicholls, 5032 So. Capehart Kearns (19) to Susan Gale Bennett 1897 Chateau Taylorsville (15) Valencia vs Valencia 5507 - Donald II. Rueleen W. Goasllnd vs Goaslind 5218 - Audrey Gerrish vs 5107 - Connie Rodney Michael Garner vs Garner 3218 - H. Bill Gerrish Sheila Barry Pershing Evans, 2639 Jefferson Ave Ogden (29) to Karen Renee Kelley, 2618 Filmore St. (23) Quinn vs James S. Quinn 5512 B William Harris, 2877 So. 5th E. (24) to Lee Ann Moeller, 2877 So. 5th E. - Charlene Garter vs Billj Gayle Lynn Westberg,324 W. 3rd North (21) to Shauna Watson, 976 Am. Beauty Dr. (22) 6084 - Arthur Clyde Williams vs Merrie Munsey Williams 10-4-- 1, (annul) Scott Evan 3219 - Sharon Lou Wixora 3104 Skip-wor- th Dr. Las Vegas (19) to Penalope Van Horn, 430 Princeton Dr. Midvale (19) Caldwell vs Donald Val Caldwell 4090 - Gladys Helen Erickson vs Brian Wilford Erickson Clinton Rex Medine, 1530 So. Main (20) to Trudee Sue Jensen 1530 So. Main (18) t 5094 - Verl Brent Erickson vs Karen Marlene Erickson Calvin Fairbourn, Univ.Street 1 (22) to David 4210 - Cheryl Lynn Gailey vs. 5716 - Barbara Jenene Garcia vs Fred Garcia in question. These proceedings are governed by the provisions of Section U.C.A. 1953, which provides: J. .Reed Robinson, 2505 E. (25) to Geraldine Fran-co- m Lam-bour- Gary Glen Roberts, 13873 So 1700 W. Bluffdale (20) to Kathy Illene Olsen, 2551 W. 10950 So. So. Jordan (19) ne Tremonton (20) John Warren White, 7410 Banbury (22) to Naomi Jean Shuman, 9869 Antimony Ln, Sandy (19) Jesse Fielding Cannon, 5340 Cottonwood Ln, (25) to Janet Mary Allen, 4163 Marquis James Patrick Farrell, 1630 So. 1300 F,. (24) to Susan Kay Leonard 1630 So. 13th E. (23) Way wart St (18) ... Section Jenkins, 419 L'o.lst Kathleen Curtis Hi J S.. (22) US HOSPITAL Mr. and Mrs. John Worsley, Albert ru;;er' Ihill, 'U(,7 Parkway Ave (22) to Kiicy Charlene. Bitner 1846 Wes- 379 So. 29l0 West, daughter Mr. and Mrs. Tommy M.Reid tminster Are (20) Mr. and Mrs. Charles 169 4 th Ave, son -- Clearfield, son David Pur.sell Neel, 2186 So 8th East (24) to Jerry Anne Millikin 2110 E. 3205 So. (20) May-wo- Alan-Billl- e Peters 421.6 od W. 5780 South, Kearns (20) to Coni Jean Cooper 4628 So. Hemlock (19) Taylorsville N. Workman, 2000 W. 3140 So. (21) to Valancy I.eel 'Sorensen 3295 Lelil Dr. (19) Kcary Harold. Loyd Henderson, Jr. 15931 Indiana Ave Paramount, Cal if (25) to Shelley Fox, 2634 So 9th E. (18) Uerna-dino- , Jay Raymond lusher, San Calif (20 to Rebecca A. Otero, 2919 W.3835 So. S Granger (17) 3380 So. 7580 West, Magna, son Mrs. Edward C. Fisher 1490 University Village, daugh. Mr. and Mrs. Terry K. Turner 1264 E. 2nd So. son Mr. and Mrs. JerryR.Miller 569 Cornell St. son Mr. and Mrs. Evan C.Francton 4000 So. 5200 West, daughter Mr, and Mrs. Boyd H.Beal, 4617 Meadow Rd, Murray, son Mr. and Mrs. Bobby Bay Loftis 138 Utopia Ave, daughter Mr. and Mrs. Gary K. Thomas 1840 Logan Ave, son Mr. and Mrs. Kenneth D. Montague, 4657 Wandsworth Cl The issue as to what constitutes jusiice and equity referred to. in the statute is largely based upon the facts as found by the trial court. 1 The record in this case supports the findings oi the court and under the traditional rules of review the judgment of that court should not be disturbed unless it is made to appear that it was clearly erroneous. The judgment of the trial court is affirmed. No costs awarded. Kearns, daughter Mr. and Mrs. Jay Bennett 3134 Meadow Lark Dr. daughter Mr. and Mrs. Roger Skarr, 2559 W. 2100 No. daughter Mr. and Mrs. Talai&si Sisi Pllivi , 4207 W. 3500 So. son Mr. and Mrs. T rry Warner In re Chief Consolidated Mining Co. et. al. , 71 Utah 430, 266 P. 1044; Howard v. Town of North Salt Lake, 7 Utah 2d 278, 323 P. 2d 261; Kennecott Copper Corp. v. City of Bingham Canyon, 18 Utah 2d 60, 415 P. 2d 209. 1. Duchesne , daughter Mr. and Mrs. Glen Crooks 2158 Mandel Ave, son Mr. and Mrs. Richard L. Murphy G rantsville , daughter Mr. and Mrs. - The court made findings to the eflect that topography of the petitioner's entire tract of land made it desirable that the subject property be developed as a part of the entire parcel for residential purposes and that the territory prior to the commencement of these proceedings was unimproved and uninhabited and had not been used for other than agricultural purposes. The court also found there were no City streets, improvements or buildings within the territory and that the Cnv supplied no substantial municipal services to the area. The court lurtiier found that the City will not suffer substantia loss ol tax revenue, nor will its municipal functions he in any substantial v5ay affected or impaired by disconnection. Based upon those findings the court concluded that justice and equity required that a decree be entered disconnecting the territory in question from Layton City. Mr. and DanlcL Calm, 319 Rolph St. San Francisco (20) to Carolyn Clayton 411 W. 3100 Go. Bountiful (24) Alan Franklin Crooks 2397 Dr. ''35) to Verna Dolly Makoff 2397 Maywood Dr. (41) S.Babbel Hr. and Mrs. Edward J. Huber James Maynard Smith, 1985 So 13th E. (19) to Audrey Mac Dean 1985 So. 13th E. (17) U.C.A. 1953, provides- 2, finds that the petition was signed by a real property owners ol the. territory conthe allegations of the petition are true and equity require that such territory or any be disconnected from such city or town, it should thereof part shall appoint three disinterested persons as commissioners West (23) to 938 F,. 10-4-- If the court majority of the cerned and that that justice and Births Danny G. 1, .... (23) Kevin Higgins Rider, 2829 Glen Oaks Dr. (19) to Shannon Slaughter 1810 Kensington (19) Glenn Thomas Reeves, 1221 Stewart St. (21) to Deborah 10-4-- Whenever a majority of the real property owners in territory within and lying upon the borders of any incorporated city or town shall file with the clerk of the district court of the county in which such territory lies a petition praying that such territory be disconnected therefrom, and such petition sets forth reasons why such territory should he disconnected from such city or town, and is accompanied with a map or plat of the territory sought to be disconnected, and designates no more than five persons who are empowered to'act for such petitioners in such proceedings, the court shall cause a notice of the filing of the same to be served upon said city or town in the same manner as a summons in Issue shall be joined and the cause a civil action, and of civil causes as nearly as the for trial as tried provided . may be Montevideo. Uruguay (28) Alvin Leo Jorgensen 714 So. 16th East, (26) to Sandra De Ann Jones, 2773 W. Haina, West Jordan (25) to be disconnected and the only road is an unimproved county road on the easterly boundary of the land; (2) Layton City provides no water, garbage service or sewer service to the territory; (3) the nearest City water line is approximately 400 feet from the boundary of the petitioner's property; (4) the City provides fire protection to the territory; (5) that the part of the petitioner's property lying outside the boundaries of the City is being developed by the petitioner and East Layton Town is providing sewer and water service to that part of the tract. The parties presented evidence bearing upon controverted issues of fact and thereafter the court rendered a decision granting the petition and ordering the disconnection of the lands Herbert Carter Robertson, 419 Harrison St. (22) Midvale to Elizabeth E. Pokorny, Dennis David Madrid 318 So. 9th East (23) to Debbie Jean Aagard 3361 So. 7700 West (16) Ann territory sought 368 Joseph Lee Perkins, 1229 Bucca neer Dr. (22) to Rose M. Johnson Bountiful (18) Marriage Licenses 1221 Ho. parties as follows: Laker Bradley Dunford, 1752 Browning (19) to Wendy Jane Robison 777 So. Temple 12 (19) 6012 - Dean Workman vs Marjorie Judd Workman pretrial some issues of fact were agreed to by the (1) there are no improvements or buildings upon the At the time of Deborah Kay McFadden, 2161 E. 3380 So. (19) 'James Craig Gailey Becjv.-ald- L. M. Cummings, Clerk Layton City and East Layton Town are municipalities situated in Davis County, Utah. The boundaries of the municipalities are contiguous and the petitioner herein was the owner of a tract of land consisting of 160 acres, one half of which was within the boundary of Layton City and the other half was within East Layton Town. The petitioner filed these proceedings U.C.A. 1953, in March 1968 pursuant to the provisions of Section on claiming a right to have its trapt of land disconnected from Layton City the basis that the City renders no substantial municipal services to the land in question; that the territory was unimproved and uninhabited;, that the City would suffer no substantial loss of tax revenues nor would its municipal function be substantially affected or impaired. (18) Carter Joe Layton City Corporation, Appellant. The Layton Land Company, a partnership, commenced these proceedings in the court below seeking to disconnect 80 acres of land owned by it from Layton City. After trial was had in the lower court the court found that the petition should be granted and entered its decree disconnecting the tract of land in question. Dave 4855 - Dennis Gib Graham vs Judy Aru Graham State of Utah, FILED March 8, 1972 TUCKETT. Justice: Warner N. Wood, 175 Canyon Rd (36) to Marilynn Reynolds 1730 So. 440 W. Bountiful (26) 6-- No. 12456 In the Matter of the Disconnection of Territory from Layton City, a municipal corporation of the . A. 5663 - Raymond In The Supreme Court Of The State Of Utah Robert Leslie Richards, 1616 Jrving Gilman Louise E. DeSpaln vs De Spain Vernon Betty Marriage Licenses PAGE THREE Darryl T. Hoppes 1025 2nd Ave, son Mr. and Mrs. Mark H.Molton 1476 2nd East, son Mr. and Mrs, Larry Dale Stewart, 105 Lucy Ave, son Mr. Attorney Would you like to receive all the 'green sheets'? UTAH SUPREME COURT DECISIONS ARE PUBLISHED IN DETAIL . . . right down to the footnotes. Find them all in The Daily Record the daily newspaper for Utah attorneys. 1 For information phone or fill out coupon and mail to ... 487-065- us. j Naina .Phone j Firm. I Address I I State. City The Daily Record, 1397 South Main, Salt lake City, Utah Zip 81 ' T, foione 487 v,'i |