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Show Stay of Execution For Depot Partners A stay of execution granted grant-ed recently 'bv Judge Lam Keller of the Fifth Circuit Court will keep local developers deve-lopers Wally Wright and John Prince from serving 60 day jail sentences for - not removing Depot Project landscaping found by the Court December 19 to be obstructing a public road-wav. road-wav. : ? r At issue during the December Dec-ember 1 9 hearing at Coalville was whether or not the dirt road between the Union Pacific Depot and Kimball Art Center constituted a public roadway through right of usage, depot Project partners Wright and Prince contended it was private property and were acting on that assumption when they blocked portions of the old road with cement pillars and landscaping. The Court however found that the road had been used by Park City residents and maintained,by City crews for over 40 years which positively positive-ly made it public property through right of usage. State Statutes provide that private property reverts to the public if it has been used unobstructed unob-structed by that sector for 25 years. The judge also found that neither Wright or Prince had sufficient reason to believe they owned the property and were subsequently found guilty of creating a public nuissance by blocking the road with concrete pillars and landscaping. The judge fined each of the partners $299 plus 60 days in jail which was suspended providing the obstructions were removed by January 31 of this year. Several weeks ago. Rick Prince, attorney for the partners, appealed the Dec. 19 decision, succeeding in obtaining a stay of execution of the sentence until the appeal could be heard. Since the obstructions have not been removed, the stay of execution will keep the partners out of jail. Rick Prince told The Record this week that no court date has yet been set for the appeal, adding that the partners are anxious to settle the matter and continue con-tinue with their ambitious Depot Development Project. Mr. Prince said that their main problem at present is to establish boundaries of the public roadway. Although the Court ruled Dec. 19 that the road constituted a public right of way, it failed to define the length of the right of way, its origin or point of termination. Mr. Prince said that a separate legal action may have to be filed to make that determination. |