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Show THE ZEPHYRNOVEMBER 1995 PAGE 4 WORLD NEWS ROUND UP The ROUNDUP is compiled by Jim Stiles except where noted. Dave Lyle Kicks Wendy's Butt Last May, this newspaper reported a boundary dispute between Moab resident Dave Lyle and Wendy's of Colorado Springs. Based on a new survey, Wendy's claimed seven feet along the west boundary of what Mr. Lyle had thought was his land. In fact, every owner of that property for the last 40 years had believed a still existing fence designated the west boundary line. When Wendy's chose to ignore Lyle's claim, ripped up his flagstone patio, moved his storage shed, and cut down scores of trees, Lyle filed suit. He daimed "boundary by acquiescence," a legal concept that says if neighbors have traditionally accepted some physical designation as a boundary line, it becomes the legal boundary. facts before the But Judge Anderson countered that "numerous undisputed Court establish that Wendy's was put on notice that the fence line was the advised boundary line between the Wendy's and Lyle properties. Clearly, Lyle before the purchase of the everyone concerned that there was a boundary dispute of the property stepped forward property was even finalized. Previous owners sale of the Wendy's property the in to confirm Lyle's position, and the realtor even used a backhoe to move Lyle's shed off the disputed strip of land. Now the court must deal with the second part of Lyle s criminal, malicious mischief lawsuit and determine what the damages are. Lyle could demand that his property be restored to its original condition; that could mean the relocation of the new Wendy's fence, the relocation of a UP & L power line, and the restoration of trees and property improvements destroyed by Wendy's. In addition Lyle can ask for punitive damages for turning the last two years of his life into a nightmare. Eco-Challen- the never ending saga ge: The EcoChallenge endurance race was finally televised on MTV in late September. Kate Kitchell, Moab District Manager of the BLM, did not like what she saw. Kitchell had encouraged.. .insisted that an environmental message be woven into the fabric of the race story. It was, in fact, part of the agreement to leave no trace, use of the impress viewers with the concept of a fragile desert environment. The organizers of the race posted an $80,000 bond to guarantee that such a message was aggressively encouraged. the challenge-is-everythinWhat Kitchell and the rest of us saw was gonzo, of event an that was coverage practically devoid of anything even remotely resembling an environmental message. Race organizer Mark Burnett responded to KitcheU's concerns, saying the environmental message e was, in fact, delivered in a coverage 30 minute program that Kitchell did low-impa- ct, g, pre-rac- not Wendy's fence..jon the wrong side of the line after all In the Seventh District Court of Utah, Judge Lyle Anderson issued a summary judgement in favor of Dave Lyle. In his dedsion Anderson noted that acquiescence daims are noted by, "(1) occupation up to a visible line marked by monuments, fences, or buildings, (2) mutual acquiescence in the line as the boundary, (3) for a period of time (usually at least 20 years), (4) by adjoining landowners." Wendy's attorney argued in the court document that the "establishment of a boundary by acquiescence is not equitable where an innocent landowner takes without notice of a historic boundary which is no longer openly visible." see. Well, I saw it. It was hosted by this kid who frankly looked like a reject from a skinhead convention, who spent most of the 30 minutes mugging for the and TV to camera, audience. The "environmental threatening moon the national a three was video minute of race message" participants picking up rusty cans within view of the Huntington power plant. It was hardly an ongoing theme, even in the warm up show. What is the BLM going to do about it? They're still trying to decide whether to keep the $80,000 bond. Bill Stringer of the BLM told me that the EcoChallenge environmental message was "not terribly obvious (quite an understatement), but the BLM has to decide what can actually be done to correct the shortcomings of the telecast. Can it demand that the EcoChallenge promoters buy air time on MTV? I doubt if even $80,000 will far toward that end. go very Whatever the outcome is, I hope the BLM learned something from all this. These Hollywood Monkey Boys would have said anything, and promised anything to get their way. A lot of us smelled a rat last winter; let's hope the BLM's olfactory nerves are a lot more sensitive in the future. The Sidewalk to Nowhere Any Moab resident who has taken a drive along Williams Way lately may wonder why there is a new stretch of sidewalk that sits by itself on the south side of the road. When Ken and Alice Drogin the bought property and moved in their nursery, a dty ordinance mandated that they pay for a sidewalk. It doesn't matter that on either side of them, there is no sidewalk. In fact, all the way to the west I I i i Dave Wagstaff i I General contracting New Construction Re-mode- ls High Quality at a fair price CALL 259-507- 7 AFTER 5PM l i I am a candidate for the four year seat on write-i- n the Castle Valley City Council. I'd appreciate your vote on November 7. REMEMBER! I'm a WRITE-Icandidate. Add my name to the ballot and check the box next to it. Thanks. N |