Show Mayor Costas Answers Letter Mr Dave Loertscher Summit SummIt County Commissioner Mr Morgan Lewis Jr Jr Summit County Attorney Dr Dan Park City Health Officer Gentlemen Under date of July 20 1955 you have written me a letter and published simultaneously simultaneously sim sim- simultaneously In the local news known as The Park Record In this letter you advised me that there are charges pending in this county against Mr Mike o of this city who Is charged with the violation of liquor and gambling gambling gambling gambl gambl- ing laws and also with the thee maintenance of a house o of prostitution at his place of business In Park City Utah Your letter further points out that matters of or Interest to the Park Park City Council will undoubtedly be no brought to light atthe at atthe atthe I the time of the trial My attention Is also called to the fact that you ou pointed out that the complete findings would be of direct Interest to to the City Council of or Park City in making its decision In reference to the problem of or of the license to Mr Mt Spans Pursuant and subject to the powers granted mayors within the political confInes of the State of Utah I wish to inform you that I Invoked these powers of or suspending Mike license lIcense lI- lI cense ense to do business under date of June 20 1955 for a period of 90 days from that hat date this suspension will remain In n force until September 17 1955 The public hearing is the direct result of numerous complaints filed Wed with the tho I members of the City Council and myself The suspension period exercised by myself my my- myself self is upon the personal opinion that thata a a nuisance d does cs exist I wish to point out that such powers were Invoked durIng during dur- dur Ing ng a period after you as County Attorney Attorney At- At torney orney Invoked the due processes of law aw upon the said Mike For your complete knowledge in the matter 1 if you will recall I stated both botho to o you youat at a special meeting held In Coalville as well as to the County Commissioners of Summit County that It if f by due process of law Mr Spans was found guilty of those charges filed med by bythe bythe bythe I the Commissioners o of Summit County that I would recommend complete cancellation cancellation cancellation can can- of ot the city license to the Park City Council The final decision in the complete cancellation o of this license remains re remains remains re- re mains with the Council of this city I IThe The Public Hearing which Is scheduled scheduled sched sched- sched-I sched for July 27 1955 at pm p.m. I will take under consideration only that problem resulting from the complaints received received I think it would be advisable II to consider the law of fact in this case Even though a business Is 15 not a aI nuisance per se it is within the police I powers of the State to declare that In particular circumstances and In particular particular parti parti- cular localities a business which is not nota a nuisance per se shall be deemed in I fact and In law a nuisance As you are well aware a Municipal Corporation cannot cannot cannot can can- not by ipse dixit make something a nuisance when it is not a nuisance in fact Whether that which Is sought to toI tobe tobe I be prohibited Is or Is not a nuisance Is isa a Justiciable question a and d cannot be foreclosed L by any governing body of a a. I city I The Texas Court of or Civil Appeals has s said id An ordinance which denounces and prohibits as a nuisance per se any act or thing which In its Inherent nature is not a nuisance or is not so denounced by the common law or by a statute Is invalid unless the act or thing Is In fact a nuisance by reason o of conditions existing in the municipality Whether that which is sought to be prohibited is or is not a nuisance I wish to emphatically point out that this hearing Is for the purpose of Mike showing cause upon basis of fact that the nuisance upon which I suspended his license is or Is not true also to give the complaining citizens an opportunity to be heard and to present present present pre pre- sent such factual a charges that would support their complaints keeping In mind always the constitutional question question question ques ques- tion under due process of law and reminding re reminding reminding re- re minding you again that I have publicly committed myself and hereby publicly commit myself to recommend the cancellation cancellation cancellation can can- of Mike license provided provIded provided pro pro- vided that the Third District Court orthIs of or this State finds Mike is guilty by reason of the evidence acquired by the Summit County Commission and the Summit County Attorney and at atthe atthe atthe the expense of or the Summit County tax tax- payers I hope this amplifies and clarifIes clarifies clarifies clari clari- fies my position In the entire matter and to the three people signing this letter Very truly yours TOM P. P COSTAS |