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Show PAGE TEN MONDAY, JUNE 17, 1974 INTERMOUNTAIN COMMERCIAL RECORD In The Supreme Court of The (Continued from page 9) $3. 35 estimated in the initial notice. The record does not reveal that the City in, addition to publishing the notice in a newspaper also complied with that pro-visiU. C. A. 1953, which reads as follows: of Section y,' 10-16- i .. , -6, In addition, not later than ten days after the first publication or posting of such notice, the notice shall be mailed, postage prepaid (1) addressed to each owner of property to be assessed within the special improvement district at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county in which the property is located, and, (2) addressed to "owner" at the street number of each piece of improved property to be assessed. On May 16, 1972, the City Council of Kanab adopted an ordinance which created the special improvement district and also levied a tax on the abutting ' property to defray the cost of installing the curb and gutter. The ordinance did in that it did not provide not comply with the provisions of Section for a board of equalization and review. That portion of the statute reads as follows: Before an assessment is levied, . an assessment list shall be prepared designating each parcel of property proposed to be assessed and the amount of the assessment apportioned to such property as provided in this act. Upon completion of the assessment list, the governing body shall appoint a board of equalisation and review consisting of three or more of the members of the governing body and give public notice of the completion of the assessment list and of the time and place Steven William Payette, Plaintiff and Appellant, No. 13541 State of Utah of the holding of public hearings relating to the proposed assessments. While it appears that the ordinance was published in a newspaper the record does (2) was complied with: not disclose that the following provision of sub-secti- on ... Inoraddition, not later than ten days after the first be mailed, posting of the notice, the notice shall publication to postage prepaid, (a) addressed to each owner of property be assessed within the special improvement district at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county in which the property is located and (b) addressed to "owner" at the street number of each piece of improved property to be assessed. Failure of the ordinance to provide for a board of equalization and review as required by the statute above referred to and the failure of the City to subare jurisdicstantially comply with the statutes pertaining to the giving of notice tional. Prior decisions of this court1 as well as decisions from other jurisdictions support our conclusion that the deficiencies above mentioned in the procedures for the establishment of the special improvement district are jurisdictional and that the ordinance assessing the plaintiffs' various properties and the U. C. A. 1953, do not apply. limitations specified in Section 10-16-- The order of the court below dismissing the plaintiffs' complaint is reversed, and the case remanded for further proceedings. No costs awarded. Cole, Volley 167 South State Assets $395; Exempt $385 Payette, a walkee, was making a deposit at a drive-i- n cashier's at defendant's bank. Defendant Davis was a ridee in his car to cash cage a check. In rolling down his car's window, his foot slipped and his car ran into Payette, whose body was caught between Davis's slippage and device. the payor bank's projector mechanical hand-o- Cook (WC's Ogden; It is difficult for us to say that after invoking the discovery procedure, the court was inane in granting the order. We cannot see how the bank in this case possibly could have pushed a cash basin negligently into someone standing in front of its blond, innocent cashier, with any kind of animus intendenti or negligenti or any other kind. 183 484 Mazy Rumalda Liab $9,351.47; Assets $150; Exempt $150; 610 499 - Bloodworth, Fay LaVon 3290 Katherine Dr. Magna (unemp): Liab $24,298.63 Assets $132; Exempt $60 6th East, tion operation 61074 - Bloodworth, William Lloyd, 3290 Katherine Dr. Magna, Utah, truck driver (Western Cattle Transport Woods Cross) Liab $25,890. Assets $275; Exempt $185 No. 13439 FILED June 13. 1974 and mana- of retail shops for art products; Liab $213, 721.75; Exempt 0; Assets 6674 - The Naturalis Mfg. Co. 1405 West 800 North, Provo; (manufacture, wholesale and retail sale of art products ); Liab $362,808.59; Assets none; Exempt none; 6674 489 - Hallett, Ned Paul P. 0. Box 855, Grant Utah; fork (Tooele Army De- operator ' pot) Liab. $11, 468. 77 Assets $13,665; Exempt $6,565.50 ; 6774 490 - Adams, Gary S. aka . .Gary Spencer Adams aka Gary Adams, 740 12th 61074 501 Automotive) Liab. $6,181.56; Assets $1,974 Exempt $564.50; 61174 502 - Williams, Jay Bartlett Sr. 165 North 8th West, Or em, Utah new Corporation filings are listed for the entire State of Utah as recorded in the Secretary of State's Office. 219578 CITY ELECTRIC, vs. WELDON ELECTRIC, $130; dba WINK $4,540 bal. due WESTERNAIRE CREDIT' UNION FEDERAL vs4 JANICE $356. amnt. due $1,115. Promissore Note 219580 WALTER W. WELLINGTON, 0. K DREWS, TIMBERHAUS SKI SHOP, - accident 219581 6774 - Anderson, Hobert Leo 156 Wins low Avenue Laborer (unemp); Liab $3,885.95; Assets $94.50 Exempt $35; 6774 494 - BagshawA William Scott aka Scott Bagshaw aka Bill CUMMINS IDAHO, in Disadvantaged programs) Liab $11,315.80; Assets $144.10; Exempt 493 BIRD 219579 492 - Kennedy, Helen Angela PER CURIAM: 61174 New Corporations Service Station mechanic (Martins Texaoo) Liab. $23,096.92; Assets $938; Exempt $950. 6774 491 - Adams, Darlene 740 12th Street, Ogden Waitress (Z. CM. I. Ogden) Liab $23,096.92; Assets 2259 Jackson, Ogden Case Worker (Teacher 61174 - Pino, David William 1820 South Main Street Dispatcher, Ashworth Transfer; Liab $17,009. Assets $3,312.87; Exempt $169.39; . 67 Electrical (no computation) 503 Ogden, Utah $938; Exempt $950; art Missile Mechanic, Helper lift Street, - Beames, Michael Ray 1499 Bell Avenue, Mechanic (K-M- lle, Allan E. Mecham, Clerk Appeal from a denial of a petition for writ of habeas corpus. The ;,, is without merit as evidenced by appellant's brief which contains appeal no substance or authority. 500 gement 488 Allan E. Mecham, Clerk - Johnson, Carter Wadell 644 North Monterey Dr. Or em, Utah (unemp); ment Corpn, 1405 West 800 North, Provo, (crea- FILED June 13, 1974 Defendant's counsel says the verdict was not. supported by the evidence. There was no jury and hence no verdict. We are not concerned with nomenclature, but only substance here. The trial court, on evidence glowingly involving defendant, found him guilty, and we affirm such judg- ment, notwithstanding the usual pleas of defense counsel of lack of evidence, prejudice, failure to do something or other, etc. We think this appeal to be without merit. ... 498 1246 Araphoe Ave, Appeal from a burglary conviction in a case tried to the court, without a jury. Affirmed. Costs to the State. 61074 Laborer (unemp) Liab. $10,616.02; Assets $64.83 Exempt $50; 6674 487 - The Naturalist Manage- HENRIOD, Justice: '; 6th East; 6674 none; Delmar L. Larson, Sheriff of Salt Lake County, State of Utah, Defendant and Respondent. Utah, Crane Oper(Pacific States Pipe Plant; Liab $6,782.95; Assets $110; Exempt $60 ' ator 486 - Hansen, Larry Gene No. 13464 - Alispach, Alan Lee East Swenson, Spring-vill- e, 643 housewife, Liab. $4,355.04 Assets $670; Exempt $100; Callister. Chief Justice, concurs in the result. v. Freight) 6674 - Estrada, N. 61074 - Estada, Rafael J. 485 - Williams, Clifton 497 Cabinet maker (Karman Kitchens; Liab $4,355.04 Assets $670; Exempt $100 A. H. Ellett, Justice Larry Zearl Norris, Plaintiff and Appellant, Liab. 6674 2538 South 6774 291 East Main,Wells-vill- e, Utah Sanitation Dept (Millers of Utah, Kyrum,Utah; Liab $22,39 Assets $565; Exempt $220 Liab. $31,593.27; Assets $34,043; Exempt $6100; WE CONCUR: Defendant and Appellant. 496 - Wilson, Gordon Lee 8622 Spartan Dr. Sandy (CMC Fern housewife; Liab $1,55.12 Assets $1,117; Exempt $217 6674 truck driver Wilma Rea, aka Rusty Bagshaw 4617 West 3650 South, $25,144.02; Assets $2,824.35; Exempt $135; 2538 South J. Allan Crockett, Justice R. L. Tuckett, Justice - Bagshaw, 495 $5,378.08; $1,287; Assets $862; 6574 182 - New, Robert Stanford 634 30th Street, Ogden ut Leslie D. Pappacostas, 6774 Underwood, Timothy Thomas, 348 West l600 No Bountiful Welder ( Cotton-Woo- d. Steel Corp; Liab. Allan E. Mecham, Clerk Appeal from a summary judgment dismissing an alleged personal case against the bank, one of the defendants. Affirmed, with no, injury costs awarded. v. South, truck driver (Western Ready Mix) Liab. $11,554. 12;Assets $1,117.00; Exempt $217 (military) Liab.25,067.69 U. S. Army, l8l - HENRIOD, Justice: The State of Utah, Plaintiff and Respondent, Bags haw, 4617 West 3650 Haskell 65M Thomas Shelley Davis and First Security Bank of Utah. N. A. , Defendants and Respondents. Affirmed. Bankruptcies 180 - FILED June 11. 1974 v. 28, vs. vs. $15,00C INTERMOUNTAIN PETE CREWSE, $1,786. bal. due 219582 MICHAEL HOWARD, Eta I DENNIS R. BUTTE RFIELD, vs. $30,000. 219583 accident WESLEY PHARMACAL CO., vs. DR. ROBERT B. VANCE, $2,281. bal. due --J RECO INC., JREC0 INC., co J.R, Ericsson, 2220 E. 4S00 So. SLC Ul, 84117. Off- leers: Jon R. Ericsson, 2220 IND. 62-4- 59 E. 4800 So. SLC, Ut 84117 |