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Show THE SALT LAKE TIMES FRIDAY, AUGUST 13, 1976 Removal of Nondeterioration Provision of Clean Air Bill Urged Stating that non- -' proposed deterioration amendments to the Clean Air Act are likely to cause much more severe damage to the total quality of life than any short-ru- n benefits they may provide, Senator Frank E. Moss, this week called for Senate approval of Ids amendments to delete the Hno significant deterioration provision from the bill while a comprehensive one-yestudy is made of its impact. "enacting a rather arbitrary set of air quality standards for each section of the country without demonstrated health and welfare benefits does not relieve us of our obligation to represent the total welfare of our citizens and our economy he said. "Proponents of the nondeterioration policy argue that the time for study is over and that the time for implementation has arrived. This argument would have merit, the Senator said, "if it ere not for the fact that the results of studies thus far completed very so significantly in their prescriptions for future action. ar Moss criticized present studies for their "piecemeal approach and pointed out that not a single study to date has taken into account all of the relevant factors economic, social and environmental that are needed to make a final decision on such important topic as "no significant deterioration. "Every federal agency Ive contacted, he said, "with the exception of EPA, has replied that more information must be made available before any meaningful decision can be made. "The President has also expressed grave concern about the negative economic effects which the policy of nondeterioration could have. Even EPA has inadvertently supported my position by' their recent suggestion that perhaps a Class HI (area) with guaranteed potential for industrial expansion is necessary after all. The Senator pointed out that proponents of the nondeterioration provision of the bill claim that the present ambient air quality standards are not adequate to protect human health and welfare. "If this is true, he stated, "let them come forward with the facts. Utah Supreme Court Opinions IN THE SUPREME COURT OP THE STATE OF UTAH If thee are known risks we are needlessly taking, EPA is required under Section 109 of the existing Clean Air Act to take steps to tighten these amebient standards. EPA has not taken such steps. "The health issue must therefore be viewed as relatively unimportant. to those responsible for enforcing these standards. Why should additional standards be enacted if those already in effect are not being enforced? Moss said that the questionabil-it- y of the health issue suggests that the overriding economic issue deserves greater attention than the environmental one. Among the important questions to be answered before "nondeterioration is .made the law of the land are, according to Moss: "What will be the effect on the employment situation? What domestic natural resources will go undeveloped? What effect on social mobility? What total price are we willing to pay for that last increment of Clean Air? The Senator said he was at a loss to explain. why some of his colleagues found his amendments so controversial. What do they entail that is so hard to accept? he asked. Their basic thrust is very simple. They provide an opportunity to examine comprehensively and objectively - before we act - a major federal policy which may or may not be necessary or desirable. Closing our eyes to the lade of hard information will not make the controversy go away. In 1973 employment in the newspaper business reached 382,300, an increase of approximately 6,000 over 1972. Since 1964 newspaper employment has increased 53.8 percent. Pfcge Three . 00O00-- - --- wit-ne- aa Larry B. Rentmelster, Plaintiff and Raapondant, No. 14368 FILED v. June R. DaSilva, Jamca Howard Rontmalatar and Donald Nall July 19, 1976 ' Rantmai.tar, Truataan of tha Eatata of Della Zlllah C. Rantmaiatar, Dafandanti and Appallantn. TUCKETT. banaficiary except aa to tha a 11m curtain provided far la paragraph E and duo ta a acrlvanar'a arrar ha waa net aadudad from tha provlaloaa providing for dlatrlbutien of tha balance of lha truat aatala after tha payment of debt a and aupenaea and that paragraph F aheuld have bean drafted ao aa ta exclude Larry from participating In tha general diatrlbutlon of tha remainder. Tha only taatlfying waa tha attorney who prepared tha truat inatrument. It la tha plaintlff'a contention that tha aattlor could have amoadad ar revoked lha t ruat during her lifetime, but that tha truat Inatrument cannot be reformed after the aettlor'a death which occurred an November 2, 1973. Tha attorney who taatified on behalf of the dafendanta atatad ho had bean adviaed by tha aettlor that her eon Ned waa a member of the armed forcea of the United Statea and that ha waa killed In 1944, and that aha waa a beneficiary of a (10,000 Inaurance policy. The plaintiff waa the only living child of Ned and a graadaon of the aettlor. Allan E. Macham, Clark Juatlce: Tha plaintiff initiated theea proceedlnga for the purpoea of enforcing tha provialona of an Inter vivoa truat aatabllahed by Della Zlllah C. Rantmaiatar who waa the grandmother of tha plaintiff and tha mother of tha dafendanta. A declaration of truat waa drafted by attorney for Della Zlllah C, Rantmaiatar, the aattlor, on October 3, 1968, The truat Inatrument waa eubecribed by the aettlor and the .three truateea herein named aa dafendanta on that day. The aettlor reearvad the right to amend or revoke the truat and to change tha beneflclarioa named therein. Article III, paragraph E, of tha truat Inatrument contained tha following language! After the payment of debta and eapenaaa and tha withdrawal of all peraonal affects aa hereinabove provided, Larry B. Rantmaiatar a hall have tha right to withdraw from tha truat eatata tha aum of $5, 000. 00. In tha event that he a hall fall to make Buck withdrawal, or ahould die before making auch withdrawal, aaid aum ahall be by Truateea to hia aurviving daacendanta and for tha purpoea of providing auch daacondanta and dependenta with care, aupport, maintenance, medical care, and education. On Nova moor 8, 1971, tha aattlor amended paragraph E above aet out to provide that Larry B. Rantmaiatar, the plaintiff, waa given the right to withdraw from the truat aetata tha aum of $7, 000 inataad of the $5,000 provided for In the flret truat declaration. Otherwiae tha proviaiona of the truat remained intact. Paragraph F of Article III of the truat provided aa The trial court found that the evidence ahowed aa abaence of fraud or undue influence and concluded that tha truat Inatrument could uot bo reformed. The court diamlaaed the dafendanta' counterclaim and granted judgment ta the plaintiff. Tha dafendanta are hero Becking a reveraal. No claim la made that the terma of tha truat Inatrumeut arc la any way amblguoua. A review of the language uaed In the inatrument leadn ao to the that the terma uaed therein are well defined and have clearly aaderatood legal meaninga which the aattlor did not aaek ta amend or to altar daring the period from October 1, I9b8, and her death on Novembor 2, 1973. During approximately five yeara the aettlor amended the truat Inatrument oaca but aha did not attempt to alter or modify the provialona of tha declaration, which dealt with lha diatrlbutlon of the remainder of the truat aetata. Wo conclude that the language of the inatrument waa adopted by the aettlor aa her awn and if there wao a mlataka In the drafting af the Inatrument, it nevarthelaaa oxpreaaad tha oattlor'a true Intention. I on . The judgment of the court below la affirmed. coata. Reapondead la entitled to WE CONCUR! , . followat After the payment of debta and expen.es and the A. H. Ellett, Juatlce Richard J. Maughan, Juatica 1. Duraiett v. Flrat Nat. Bank h Truat Co. , 184 Okie. 82, 85 P. 2d 381; Hurat v. Kravia, 333 P.ld 314, 318 (Okla.); In ra Baum'a Eatata, 4 Utah 2d 375, 294 P. 2d 711. with- drawal aa hereinabove provided, Truateea ahall divide the balance of tha truat oetata Into equal aharae, one for CROCKETT. each of Crantor'a children then living, and one for each of Crantor'a children then deceaaed, leaving living deacend-ant- a. And the further provlalon of that article provided aa followe: Upon tha death of a child of Grantor or lawful deecend-aof a deceaaed child of Grantor for whom a truat la then held, auch truat, to the extent not appointed aa hereinabove provided, ahall be apportioned in partial aharea among hla or her living lawful daacendanta upon the principle of which partial aharea ahall be held, administered, and diatrlbuted aa eeparate truata It la the dafendanta' contention that tha aattlor did not intend that Larry B. Rantmaiatar ahould participate In the diatrlbutlou of the truat aa provided for la paragraph F aa above eat forth In that ha wan only to receive the aum of $7, 000 aa provided for in paragraph E aa amended. In aupport of that contention the dafendanta called the attorney who prepared the truat inatrument for tha aattlor who taatified In effect that it waa Intended by the aattlor and by him that Larry ahould not participate and become a , F. Henri Henriod, Chief Juatica nt repra-aentatlo- n, .... Juatlce; (Concurring, witn com mental I am In entire agreement with the decialon affirming the judgment of the trial court. But It aeema to me that there could be a ml auader a tending aa to two atatemonta made therein. Therefore, regretting tha necaaaity of thte addendum, I foal Impelled ta atata aa followe: I. The concluaion of the opinion atatea that " . . If there waa a mia- take la drafting tha Inatrument, it navertheleae enpreaaed the aettlor'a true intention. " Thie atrikeo me aa a parados. That la. If there waa a mi take. It would not axpreae her true intention. But the fact appeara to be that, however U waa drafted, aha aigned It, and preaumably, willingly and knowingly. B la therefore reaoonabla to conclude that it repreaented her Intent. Moreover, aa the main opinion polnta out. It waa thereafter, amended and aufflciaat time alapeed that if It had not done ao, ehe could and ahould have changed It. 1. That continuance in esiatenca of will where there waa opportunity bo correct may be conaidercd aa avldenca that it repreaented testatrix's latent nee la Re Lavella'a Eatata, 122 Utah 253, 248 P.2d 372 (1952). No. 143b6 -- 2- IN THE Tha opinion mentUme that the terma of tha truat Inatrument are not amblguoua, thereby Beaming to imply that unleaa they are, a mlataka could not bo remedied. In my judgment thle la not true. For example, euppoae the lawyer had uaed an entirely different form and had settled the property upon a complata atranger and that tha aettlor had aigned without noticing the mlataka. Surely, no one would argue but that If thoae facta were ahown by clear and convincing evidence, the Inatrument could hava been reformed even though there waa no uncertainty or ambiguity therein. The author Itlea unlforgnly affirm that equity will reform an Inatrument which la merely ambfuoua ox uncertain; and it will, a fortiori, reform one which la completely mistaken. Peter ao n v. Eldradge, 122 Utah 9b, 24o P, 2d 886 (1952); and aaa 7b C.J.S. - Reformation of Inatru manta, Sec. 25, and numeroua caaea therein cited. 2. TECHMEDICAL LAB No experience NICIAN necessary. We train. Excellent pay and benefits. Ages Call for appointment to see if you qualify. Call your local Army Representive. Call Out of town, call collect. SUPREME COURT OF THE STATE OF UTAH ooOoa RicKard R . Black, D.DB, and Patricia Black, bin wile, No. 14358 . Plaintlffa and Appellanla, FILED v. July 27, Dr. Jamea S. Boyce. Defendant and Reapondcnt. HENRIOD. Chief 1978 Allan E. Mecham, Clerk Juatlce; Appeal from a Judge - tried caaa reaultlng in a no cause of action judgment. In a apecific performance caaa whare tha partian agreed to buy and sell, on condition, a medical facility. Affirmed, with no coata. 17-3- 5. There la no quantum but that Appellanta wore delinquent fa a program for transfer of the facility. Nor doea the record reflect anything other than that the defendant tried every which way to carry out the Block tranaactioa by mail, and otherwiae, after Appellanta had left Utah and gone to California. stock-purcha- es 524-402- 6. Appellanta aay they did not get notice by mail from Raapondant of a poaaible sale - which would be no escuaa for failure to comply with tha contract terma. ' It appears that this la the kind of case where someone aaaumca he should be apprised of hia own failure to comply with terma with right to respect to payments, and then claim a debtor's default unless notified thereof. The facta of this case, in our opinion, da not land themaelvea to successful reversible review, and on this and othar grounds we affirm the trial court. r WE CONCUR: J. Allan Crockett, Juatica R. L. Tuckett, Juatica A. H. Ellett, Justice MAUGHAN, Juatica, concurs in the result. No. 143b6 Air Force Thunderbirds Aerobatic Demonstration Highlight at Bicentennial Air Fair The daring Air Force Thunder-bird- s aerobatic demonstration team in their brand new 8 jets will highlight a Bicentennial Air Fair at HU1 AFB, Saturday, Aug. 21, 1 p.m. to 4 p.m. Admission is free to the public. The airshow also will feature skydivers, static exhibits of civil and military aircraft, demonstration and other attractions. Arrival time at Hill AFB for the Thunderbirds is eleven a.m. and the public is invited to see them land. The Thunderbird performance will be from 2:30 p.m. to 3:3;30 p.m. The flyers will sign autographs following the show. During the Thunderbird demon T-3- fire-fighti- TUKIXM0MU.ES m7MVSmI7H0URS CWMM LlNCOLNt fcWUMML STOCK PROM 9r JBwra.wm fo totaawaera.Calif. ftawKH BOUKSON WWSKEY juasasuMjsnunieni HINTVCNV AjmmcAR OCIMLYN ST. ON ITS (HM( Cab.MM. NWAMMSf fuuD iwu y a mm N D80EMIMUMKS WMOiON IMS BfTUMN fXMNMlL. MOM MMMK Ml UrMflKWr morMffMM KENTUCKY STRAlGHTBpURBWISKEYJMPRTILLEDAD THE JAMES B. BOTTLED BY stration, the air will be charged with flashing red, white and blue aircraft. First, the four planes of the Thunderbird diamond formation appear, their wings overlapping six feet. Over they roll, the pilots never letting their aircraft move out of alignment. Their task is to demonstrate the capabilities of modern (fighter aircraft and the ultimate in precision formation flying. As the diamond pilots complete their maneuvers, the Thunderbirds solo pilots roar in at minimum altitude. With vertical rolls, aileron n rolls and reverse eights, the solo pilots display the high performance and maximum capabilities of the aircraft. half-Cuba- 8 Talon Northrop demonstration jets make up the Thunderbird fleet. A highly reliable aircraft, the 8 is the seventh type of jet flown by the team since it began with the 4 G in 1953. Previously they flew the F-- 4 Phantom jet. The Talon is the worlds first supersonic airplane designed specifically for training. At one time it claimed 12 world records. Powered by two turbo jet engines producing 3,850 pounds of thrust each (with after burner) the aircraft can attain a maximum level flight airspeed of 830 miles per hour. The 8 can go from brake release to 20,000 feet in 43 seconds. Eight T-3- T-3- F-8- T-3- |