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Show p U&KXUGE MD WIM77 CQtXB3L 28$ The Bs A Local Newspaper (Covering The Entire Uintah Hasin ix Tin: hasix. hi; gi akamici; oik itmttatiox nmivi-- tiik most min:i ioni homes ix tin; itxtaii hasix. Volume 2 Number 3 UTEX Rig January 20, 1982 Collapses' Injures One Man (Duchesne) - Late Friday afternoon, a Utex oil rig collapsed 3 miles north of Duchesne, injuring one man. Tim Madsen, Utex employee, suffered a broken leg in the collapse. "It was a We freaky accident. lifted the derrick about ten feet and checked it out. It was a brand new rig from Texas. Then something went wrong and the rig started to collapse. One of the legs broke and a piece of flying metal hit me and broke my leg in the thigh area. It seemed to break away from a supporting bar." The cause of the accident is still under investigation. Sowards Law Suit To Be Dropped Following a recent meeting between Plateau Inc. and some of the slock holders of Amalgamated stries. Indu- that include Senator Glade Sowards. provisions were Utex on Cen t on pg Rlfl ppjlapnod late Friday louring. one man and sanding him to the hospital. 7 Company spokesmen have not yet released a statement regarding the accident . , Ashley Valley Water And Sewer District Continue With Controversy Drivers Licenses Double In Price Senator Glade wards reported Flaming Gorge Peaking Power Public Meeting Postponed The public meetings scheduled to discuss the Flaming Gorge Peaking Power Study have been postponed, it was announced today by rado Region. postponed The meetings So- the information following from the legislative session now going on for the State of Utah. There will be an increase in the fees charged for drivers licenses. The license fee has been s3" for quite some time. The fee will now be increased to sIOm per license. The reason for the were to have been held on January 20. 1982. in Vernal. Utah, at the increase is to County Building; on enough funds Clifford I Barrett, January 21 in Green the Drivers Regional Director for River, Wye... at the Bureau can the Bureau of Recla- - Sweetwater County supporting. (nations Upper Colo- cont on pg. 7 provide so that License be self The MO1 fee will provide enough funds to keep the Department operating in the black for approximately four years. Jlie fees will generate about two and a half million dollars per year of revenue. Senator Sowards license records now being computerized so that they can be quickly checked by Utah and other states plus the extra cost of laminating the licenses and other miscellaneous costs, the Department had to he partially supported by money set aside for the transportation fund. pointed out that the funds from the fees will not be used to hire or With the revenue pay for more personnel for the Department, but brought in by the MO to pay the expenses of fee, the Transportation running the Drivers' Funds will be left to be License Bureau. used for w hat they were With the added intended, road mainexpense of drivers tenance and repair. Tabiona records coldest temperature in the Nation Tabiona The snow the minus the fell constantly through nation on January 7th. most of the first week in with a bone chilling January. coldest spot was in 33d. When the snow stopped, the wind continued to blow all night and through the following day, causing frozen S8" aJ water pipes and mounds of drifted into a ditch snow. on its way deliver the students, to Ihe bus arrived at the Tabiona's Sheriff school two hours late as Bird was kept busy it had been stuck twice, pulling many people and slipped off the road from the drifts while everyone who had a snowplow was also kept busy moving the snow. Many cattlemen were hogged down as they tried to take hay to their cattle. . Some of the cattle had to spend the Lawsuit Filed By Dennis Mott Law Suit Filed By Lyle Mckeachnie L. DAVID BURNINGHAM Attorney for Petitioner 134 Weet Main, Suite 203 Vernal. Utah 84078 GEORGE E. MANGA N. of MANGAN St GILLESPIE. A PC Anornv) liir the PUintilf. I.(). Box 219. Roosevelt. Utah840M-0219- . IN Telephone (801) DISTRICT COURT OF UINTAH COUNTY STATE OF UTAH COURT OF I McKFACHNIF Maimin': l.YI.I IXtcndaniv DTN'NIS MOM. I ARRY HAC KING. UIN TAH COMMISSION, and its members. NFAI ROI AND MFRKI EY. and MERRILI IX)M(iAARI). MECHAM. I ARRA PROFIT I. and THE ASHLEY VAI IFY WAIT Rand SEWER DISTRIC'Tand RAY NASH, COliXlY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR DECLARATORY JUDGEMENT it.s Secrelarv and Agent. COM 11 AINT Civil No. 11.283 Plaint ill' complains of the dclendants and for cause alleges: This action is brought pursuant to the piovisionxof Title I.) 2IM5-- I through 15. U.C.A.. 1953 as amended, to protest the election held on December 1 198 1, and lo obtain a Declaration Judgement pursuant to Rule 37. U.R.C'.P, The plaintill is an elector in the Ashley Valley Waterand 2.1 Sewer District, hereinafter referred to as District. 3.) Ihc District is a legal subdivision ol Uintah County. State of Utah, having been created by Resolution of the Uintah County Commission on April 24. 1974. and confirmed by them on July IS. 1974. pursuant to the limited and express authority vested in the Countv Commission under (he provisions of Title 17. Chapter 6. 1'.CA 4) Since its inception and creation, the District has been governed and controlled by the terms of said Resolutions and the laws ol the State of Utah. One of the provisions of said Resolution provided that the District should he governed by a hoard of five (5) Trustees, and that no more than 2coutd be from the same voting District included in the District. At the time Ihc District was created there was and there still is. five (3) voting District within the boundary lines of the District. 3.) At notimeprevioustothisdalehasthcDistrict hadmore than two (2i Trustees from any one soling District within the Dixinct. Prior lo the election on December 2. 1981. there were already two (2) Trustees living in the Naples voting district, namely. Gaylon Cook and Robert Turner, neither. of whose ofliccs were up for election. M The IVfendani. Dennis Mott, is now and mas at the lime he filed to run lor trustee of Ihc District, a resident of the Naples soling district. Prior to the election, said defendant was advised that he was NOT eligible to serve if he was elected, because there were already two (2) Trustees from his voting district. In disregard id said notice. Ihc defendant Mott insisted on being on the ballot, and in fact received the "highest" number of votes in the election. Said defendant now recks lo be seated as a Trustee of the District, which action appears to he unjust, unlawful and contrary to the regulations governing the District. 7 ) The name of defendant Molt was placed on the December ballot because of his filing his Swore Statement of Candidacy, alleging his eligibility and insisted that he be placed on the ballot. PUintilT believes that inasmuch aadefendanl Moil knew of the terms and regulations governing Trustees when he was elected, and knowing that if he were elected he would be the third (3) Trustee from one (I) voting district (Naples), and therefore ineligible to serve, that the defendant MottY Statement of Candidacy was false, to wit: he could NOT qualify to serve as Trustee of the District while a resident of Ihc Naples voting district. 8. ) The defendant Mott was NOT eligible to accept the office of Trustee of the District at the TIME of the election, and all votes cast for him are therefore Noid". and the voters casting their votes for him were deceived imo believing they were casting their ballots for qualified candidates. 9.1 The defendant. Larry Hacking, was a write-i- n candidate on the December 1 198 1, election, and a such failed lo comply with the laws of this State relative to becoming a VALID. -- Petitioner: Dennii Mott, vs. Respondents: Ashley Valley Water and Sewer Improvement District and the Board of Trustee! of Said Diatrict, Robert Turner. Lee Roacnhan. Brownie Tomlinson. Larry Hacking and Gaylon Cook; Uintah County and the Board of County Commissioners of laid County, Merrill Mecham, Roland Mcrkley, and Neal Domgaaid. COMES NOW petitioner, Dennis Mott, by and through his attorney, L. David Birmingham, and respectfully submit! the following memorandum of points and authorities in support of petitioner prayer for relief. ARGUMENT 1 PETITIONER, DENNIS MOTT, SHOULD RE IMMEDIATELY SEATED AS A TRUSTEE TO THE BOARD OF TRUSTEES FOR ASHLEY VALLEY WATER AND SEWER IMPROVEMENT DISTRICT AND THE IURDEN OF PROOF AS TO HIS QUALIFICATIONS SHOULD BE ON THE DISTRICT AS CONTESTANT. It is dear that the petitioner received the highest number of votes in the election for the vacancy on the Board of Trustees of the District and ia entitled to have the Clerk of the District immediately make out a Certificate of Election; signed by him and authenticated with his seal, and delivered to petitioner. The Board of Trustees of the District must adhere to the same rules as specified for the County which created h. (See Utah Code Annotated (1933) as amended in the supplement). The following section! apply to the District as well as lo the of the Utah Code Annotated provides as Conmy. Section .1 20-8- -6 day hungary as they follows: The board must declare elected the petsons having the couldnll be reached. number of votes given for each office to be filled by the highest Dell Clegg, resident votes of a single county or subdivision thereof. of Tabiona. had his of the Utah Code Annotated asserts as follows: Section work cut out for him as The County Clerk must immediately make out a certificate of he was called to thaw election, signed by him and authenticated with his seal, and the same to the person declared elected.' the water pipes in the deliver The petitioner contention is also supported by the Utah valley. It was so cold Supreme Court case of Palmer v. Board of County Canvassers. the students refused to 176 p.2d 60S. (1947). At page 61 3 in this care, the Court quoted leave their classrooms the ease of Hill v. Moss ct a!.. 61 U 213. 211 P. 994. 997. as follows: for outside recess. U is also urged by defendants that Comp. Law Utah, 1917, When it warmed up a c.16. relating to election contests, afford plaintiff an adequate little. Ray Jones built a remedy, and that therefore a preemptoty writ of mandate should ten to fifteen foot snow not issue. Th application in this ease ia for a writ of mandate mountain on the school defendants to issue a certificate of election to the compelling This has playground. It is not a proceeding to have him declared entitled to plaintiff. been the main attracthe office. Hit were the latter, defendanu'eontention would be tion for the students as sound and. in all probability, unanswerable. Buladctnandfora they have climbed, slid. certificate of election by a person having the highest number of fact of the returns, and a demand to be declared and even skied on it in votes on the entitled to an office irrespective of the returns, present questions all sorts of unusual entirety different and demand different remedies for their ways. FOURTH JUDICIAL DISTRICT UINIAH COUNTY STATE OF UTAH IN THE FOURTH JUDICIAL 20-8-- 7 Tabtona students unjoy a man mads snow mountain in ths school playground during tho cold winter weather, THE 789-55- Con't on pg. 8 Coni on pg. 8 |
