OCR Text |
Show V", teESSBEw. Si, c.ST afitia 3$ atsMta THE SALT LAKE TIMES - Wv?!1. Page Three FRIDAY, JULY 30, 1976 Air Ambulance For U Medical Center And Area Hospitals Utah Supreme Court Opinions IN THE SUPREME COURT OF THE STATE OF UTAH A specially equipped air am- long and five feet wide, can accombulance to transport critically ill modate four medical team personpersons to Salt Lake City from nel in comfort with adequate room distant locations throughout the for intensive care treatment of up Intermountain West is now in to two patients. operation. The University of Utah Medical Center has contracted for the service with Key Airlines, which remodeled a plane to exacting medical specifications. Also under contract with the airlines are LDS Hospital and Primary Childrens Medical Center. The U medical center laid the groundwork for the transport service with the idea of transporting patients to university hospital. Later the two other hospitals joined in the project. The transport plan calls for patients to be sent to the facility that can best meet their medical needs. For example, burn victims and the majority of ill newborns would go to university hospital, regular pediatrics cases would be taken to Primary Childrens and patients suffering from respiratory disorders would be sent to LDS Hospital. Dennis Brimhall, university hospital assistant administrator, said the agreement was reached with Key Airlines because of the hospitals desire to provide the best system available for our patients." He said the hospital used aircraft for more than 300 transports last year and forecasts indicate there will be 400-45- 0 transports over the next 12 months. "This service greatly expands the medical centers resource over the Intermountain Region, Mr. Brim-ha- ll added, and it's one of the best patient transport systems in the nation." He said because of the size of the region served by the center, we probably travel more miles in a jrear than any other system." The air ambulance, which will basis, is an operate on a aircraft flown by a crew. It has been specially equipped with built-i- n medical oxygen, air, suction, cycle power, intravenous fluid holders and aircraft-to-hospitcommunications. University hospital engineers assisted in the design and equipment selections for the craft. The cabin, which is nearly 20 feet Male Breast Cancer Is A Possibility prop-jetpressuriz- ed Hematology-Oncolog- -- iioQiin.-- Rock Manor Trust, Plaintiff and Appellant. No. 141K2 FILED v. May Zl, 1976 State Road Commission of Utah, Defendant and Reapondenl. Allan E. Mecham, Clerk HENRIOD. Chief Juatice: Appeal from a diatrirt court judgment ordering removal of a highway advartiaing eign, after appeal thareto from a Stale Road Commieeion order1 to remove it from private property abutting the highway. Revereed. While breast cancer occurs only rarely in males, men should be aware that it can happen. That's the advice of Dr. Harmon J. Eyre, a member of the Univrsity of Utah Medical Center Division of y. He said university hospital admits one to three male patients each year for the disease, and that figure includes referrals from the Intermountain Region. Utah alone, he said, will have two to three cases in a year, such cases compared with 300-35- 0 in women. On a national level, 600 out of 100 million males will develop breast cancer annually, compared with 80,000 new cases in women. We recently had a male patient here who died from the disease simply because he didnt think of brest cancer when he noticed lumps in his chest, Dr. Eyre said. By the time he sought medical help, the cancer had spread too far to be controlled." Breast cancer is treated essentially the same in men as it is in women. This means a surgical resection of the chest and axillary lymph nodes, followed by radiotherapy, hormone or chemotherapy tratment, depending upon how far the disease has progressed. Because this cancer occurs so rarely in males, the U physician said men do not need to undergo preventive and detection measures recommended for women. 24-ho- ur The eign wan painted on the aidea of a trapeeoidal-ehape- d barn, whone conetruction wae authorired by ordinance in 1959, by Farmington atructurei Aa a barn and ae a wall for advartie-in- g, City, aa a which latter purpoee wae authoriied by a I96S ordinance, whence a permit wae granted for uee ae auch. In May 1967, the Utah Outdoor Adver-tiain- g waa paeeed prohibiting euch eigne, aa did a correlaAct tive county ordinance. Both of Iheee bite of legielation. Title li 11, U. C. A. 1933, effective in 1971 . (L. Utah 1971, Ch. 91, Sec. 6) and Davie County Ordinancea, provided a grandfather1! Chap, 7, Sac. clauae protecting prior right of uaage, - or nonconforming ueaga authority. A fir deatroyed moet of the barn in the autumn of 1972. It ia highly atgnifl-ca- nt at thie juncture to not that the uaage at that time (1971) wae and had been extant for a number of year prior to the legielation mentioned above, and hence euch dual ueaga peraietad after the 1971 legielation and exieted at the time of the fire in 1972. The legislation involved in this case preserves to the prior user a t nonconforming use. The argument of the Slate that tha barn destroyed and hence the nonrnnlormlng us has disappeared, is based on the lllogic that there ia no significance in such rights if the Slat wishes to destroy them because an art of Cud or happenstance has changed the form but not the eubatanre of the right, so that a big fire destroys a grandfather's clause, but a little fire nr no fir at all does not destroy the owner's father's father's identity. The only reasonable conclusion at which we can arrive, if the law be just, is that the nonconforming uee persists whether the barn Is singed or swallowed up by dame or the painted uorda are still perceptible, though difficult to read, or completely unreadable because of a holocaust. Without citing extensive authority, we are of the opinion that even had this barn been prostrate in ashes in complete destruction. Its soul, or Phoenix, if you will - s continuing nonconforming use, - can rise and liva on. - unless tha barn owner does not rebuild within a reasonable lima, as rsquired undar ths statute, - which requirement seems reasonable enough. The statutes hers provide for a nonconforming use, subject to the reasonable requirement of reconstruction within a year, which was accomplished here. In 57 A.L. R. 3d 419, et seq. , and particularly the text on page 427, 4 is reflected the general reaction of the courts in cases of destruction by fire where a nonconforming use ia extant. The unfairness of deciding otherwise undar the etatutory pronouncements ia this case forcefully might be reflected in a case where, for example, one of two Identical barns owned by neighbor farmers, being used for identical purposes, is destroyed by the torch of a felonious arsonist, who leaves the other alone. We have discussed the destruction of tha barn only bacaus tha State discussed It and assigned some significance to the event. The trial cowl did not order removal of the barn, but only the sign, 1 - and we are of the opinion that so far as a nonconforming use ia concerned, tha right to us tha aign was of equal stature with that of the barn on whosa body it was tattooed. The judgment is reversed with Instructions to either order a granting of a permit for the sign, condemn it, and pay reasonable compensation for its use value, or adjudge otherwise, consonant with tha context of this opinion. After the fire, the plaintiff wae granted a permit to build, - and in thia caee, of courae, to rebuild, the barn, but waa denied a permit by the State to replace the eign, allegedly under the Outdoor Adverlieing Act. The State1 theory waa that the permit lor the barn may have been a conforming uee under the local aonmg ordinance, but the aign, although a nonconforming uee before the Act, wae prohibited under the Act. It would teem that auch a poeltion la tanabla only if the State decide to pay for auch Interdiction by purchaee of the property (the right to uee the aign), through the eminent domain route, to aeaura juet compenaation ae provided under Title WE CONCURt A. H. J. Richard J. Maughan, Justice We are in accord with the State' theaie that there is a trend increasingly looking with diafavor upon nonconforming uaee. Such trend, however, at least theoretically, or constitutionally, cannot, or at leaet, should not destroy property righte, or continued lawful use of one's property, - which plaintiff espouses, and which, in truth, ia the case here. This, although thie author, without asking joinder by hie colleagues in eaying so, - ia of t the opinion that thia country has arrived point in history where there is an anachronistic paradox where those who seek to preserve the civil rights of a class in some cases forget the rights ef victims in the same or other cases where private property rights are involved. Utah Code Annotated 1933, as 1. As per provisions of Title amended, 2. 'Denying the permit does not affect anyone's right to demand and obtain It, If legally entitled thereto. Or 3. Chap. 7, Sec. 6, Davis County Ordinance. 4. 17 A.L.R.M 104; aa also IB A.L.R.Zd 754. tha 5. For reason slated in the Conclusions of Law, that "The nonconforming aign nan ceased to exist at the time the original sign was substantially destroyed by fire . .." No. 143SZ -- 2- While it is evident that the motion was denied because the trial court thought the matter was moot, nevertheless, we should affirm if the ruling was correct, even when ths wrong reason ia given for it.4 THE STATE OF UTAH ooO oc The judgment is affirmed aa it affects each case. Richard LeRoy Jones, Plaintiff and Appellant, v. Samuel W. Smith, Warden, Utah State Prison, WE CONCUR: No. 14277 F. Henri Hennod, Chief Justice Defendant and Respondent. AND No. . 14280 J. Allan Crockett, Justice FILED State of Utah. Plaintiff and Respondent, May IT. 1976 R. L. Tuckctt, Juatice v. Richard LeRoy Jones, er Defendant and Appellant. E RADIO AND OPERATOR No We experience necessary. train. Ages 17-3Excellent and Call benefits. for an pay appointment to see if you qualify. Call your local Army RADIO-TELETYP- 60 - 5. al Representative at 524-4026- .. Out of town, call collect. Allan E. Mecham, Clerk Richard J. Maughan. Justice 4. Paterson v. Fowler. 29 Utah 2d 36l. 510 P.2d 523 (1973); 5 C. J.S. App. and Err. , Section 1464(1); Limb v. Federated Milk 23 Utah 2d 222, 461 F.2d 290 (1469). ELLETT. Juatice: Mr. Jones, the appellant, wae convicted in the district court of the crime of robbery and waa sentenced to the State Prison where he is now confined. In that case his lawyer prepared an affidavit to be signed by the appellant, but the appellant refused to sign and announced ha preferred to be represented by aa uneducated "Jail House" lawyer, and that he would file the affidavit and motion pro se. ed Aa affidavit and motion for a new trial ware filed with the clerk of the court but weasnever called up for disposition. Thereafter, some two years later, appellant filed a petition for a writ of habeas corpus. The trial court was of the opinion that the application for the writ of habeas corpus waa "moot" sines the time for appeal had not expired. 1 It appears to us that the time lor appeal had not expired, since no ruling had been mad on the motion for a new trial. Either party could have called the motion to the attention of the court and had a ruling made thereon. The causa of delay in the matter waa not the fault of the appellant as much as it was of the State, for appellant waa in prison. 032B raaais ess Allan Crockett, Justice R. L. Tucketl, Justice There ia no question that if the barn had not burned down, the plaintiff could have indulged pareietancy in the uee of the barn to More hay and horaae, and the alga to eall the hay and horeee or receive rental for the aama purpoee auch a publieixing Lifebuoy Soap. IN THE SUPREME COURT Ellen, Justice t two-memb- er 115-volt- jAHjUJvlOjk jte&jKekifihZ&&4 OSES) tE33 Auto Trades Metal Trades i & Electronics Management & Electricity Health Occupations Construction Trades Service Occupations Secretarial Education & By consent of the parties the trial judge considered the motion for a new trial at the habeas corpus hearing and denied it. In this w think ha did not err, sines the granting of a new trial ia a matter of discretion. ' We know of no reason why a writ of habeas corpus cannot be brought any time a parson Is wrongfully restrained of his freedom, whether it be before or after a trial. However, w have consistently held that matters proper to he heard on appeal cannot be used as a basis for granting a writ of habeas corpus. J The matters presanted in the petition for a writ of habeas corpus all were proper for consideration on appeal. The court waa therefore correct in refusing to release the appellant on a writ of habeas corpus. Graphics Business i The judgment upon the appellant (defendant ia the criminal case) waa eigned by the trial judge November '29, 1973, and the motion for a new trial was filed timely.7 to wit. on December 3, 1971. Computer Take a Step in the Right Direction! (3EHB58 0EGJ TECHNICAL1 HalsallIake ! (Mr statute U. C. A. 1933. provides that an appeal may be taken within two months after notice of the denial of a motion for a new trial. 2. 1. U.C.A. 1951. Ainslie v. Smith, 531 P. 2d S64 (Utah 1975). and cases therein cited. Nos. 14277 and I42S0 -- 2- Encouraged in Sewing Program 4-H- ers Sewing is definitely not a bygone art, according to a recent U.S. Department of Agriculture survey. The survey reveals that 41 million persons nationwide probably do some home sewing. And Americans spend approximately four billion dollars each year on fabrics, patterns, sewing machines and notions. Among the ranks of home sewers leaders and members are the who participate in the national sewing machine program. Supported by The Singer Company through 4-- H 4-- H the National h Service Committee, the program provides an opvolunteers, portunity for leaders teens and juniors to improve their teaching skills. And it gives 9 practical experience in and using caring for a sewing machine. The training course is taught by Cooperative Extension Service personnel, with the aid of instructional literature, the Extension Service and the Service Committee. Two illustrated member manuals, Know the Sewing Machine 4-- 9-1- and Master the Sewing Machine, were published last year, and a leaders guide is expected to be available this fall. Girls and boys in the sewing machine program acquire the skills needed to turn out clothing, accessories, home furnishings, and hobby o craft items. Saving money is a major reason for interest in sewing. An added incentive is the desire for clothing and other items that are personalized and better constructed than ready-made4-- rs' s. H |