Archive for April, 2006
Judge blocks injunction against local landownerby Heidi Toth - Daily Herald
The landowner of a coveted piece of property is moving forward to mine his land, even with all the legal attempts to stop him.
Richard Davis got a victory in 4th District Court on Thursday morning when Judge James Taylor refused to grant a preliminary injunction that would block Davis from excavating rocks from his land in Rock Canyon on the west side of Provo. It was the latest decision in a legal battle that’s raged for several years and involves a number of parties, including state Senate President John Valentine, R-Orem, who is one of the parties being sued.
The injunction was premature, Taylor said, although Davis has applied for a conditional use permit from Provo city and has begun the application process for a permit from the Utah Division of Oil, Gas and Mining to begin.
Michael Zundel, his attorney, said once the paperwork is in place, his client will move forward with the mining, which has halted in October 2003 when residents near Rock Canyon called the city in protest.
“If he gets the permits, he’ll mine,” Zundel said. “Whether he can get those permits while it’s still tied up in court, I suppose is a question.”
The 84.5 acres at the mouth of Rock Canyon is co-owned by Davis and Red Slab, LLC, which Valentine and associate Phil Lowry began for the specific purpose of preserving the land. They gave their interest to Provo city as a conservation easement, thus ensuring it cannot be developed. Lowry and Valentine are contending that as co-owners of the land, they have a say in what happens and Davis can’t develop without their cooperation.
Zundel, however, said they were overstepping their bounds and illegally blocking his client from doing as he wished with his half interest in the property. He argued that by giving away a conservation easement, Red Slab “encumbered” Davis and deprived him of the full value of his interest.
“It is a cloud on this property,” he said.
Lowry disagreed, saying the conservation easement was not what the argument between the two co-owners was about; the focus instead should be on co-tenancy law and what expectations each side has. If Davis wanted the discussion to be a partition action, in which the property would just be divided up and half given to each co-owner, they should be looking at that, he said.
“He can’t sue us simply because we have a disagreement over how the property is supposed to be used,” Lowry said.
Valentine’s personal involvement also came under scrutiny; Davis and Zundel allege that because he took illegal actions against Davis, he should be held personally liable and thus be sued individually. Zundel acknowledged that Valentine’s actions were on behalf of Red Slab but said that didn’t protect him, particularly given the arrangement with Provo city that Red Slab would take on all of the costs of the conservation easement.
“This lawsuit’s simply what they were expecting,” he said.
Not so, said Lowry, who did all the legal representation in court Thursday since Valentine is a defendant.
“We haven’t sued Mr. Davis on the basis that he has committed a tort against us because he wants to mine,” he said, arguing that Red Slab’s intentions had always been clear; the two men wanted to preserve the land, and Davis’s responsibility as a co-owner was to consider their desires as well. Valentine shouldn’t be held liable, he said, because neither he nor the company had acted illegally.
“The fact that we have disagreements is not a tort.”
There is also a question of how much of an interest Red Slab actually owns. Red Slab bought a quarter interest from part owner Greg Sperry, then purchased an option from part owners Stephen and Loren Kapelow for their quarter interest. Different interpretations of the agreement and a sudden reluctance from the owners to sell resulted in the issue being turned over to Taylor to decide.
Heidi Toth can be reached at 344-2543 or htoth@heraldextra.com. The original story is at http://www.heraldextra.com/content/view/175291/4/
April 15th, 2006
Here is the final update for the First Annual Outdoors Triathlon. During this triathlon you will need to carry a pack that has the following:
- two liters of water
- an extra par of shoes (not sandals)
- an extra shirt
- extra pants
- a jacket
- a power bar or apple
- a camera
We will start at 9am at the pavilions at the mouth of Rock Canyon. 
From there you will ride your bikes to the drinking fountain (see picture) where we will have some to watch the bikes while you hike.
From there you are on foot. Hike to the first bridge but do not cross it. stay on the right side and follow the orange tags (see picture) that we have placed to mark the trail. You will follow this up a steep trail and eventually work you way West. There is some scrub oak along the way so I would recommend wearing pants. 
Eventually you will notice that the trail stops at the edge of a 200-foot-high cliff ban. We recommend that you harness up and take the rappel down that we will have set up for you. We will have some extra harnesses but I would recommend that you take your own harness and belay device so that you don’t have to wait for one. If you decide not to do the rappel you can hike down and still be a winner.
After the rappel you will hike down to the trail that you came up the canyon on. 
Once you hit this simply head down canyon until you reach your bikes. All you have to do then is hop on and cruse down to victory. There will be people hiking up the trail so be sure to be careful.
We invite you and you friends to attend, we will also try our hardest to make sure that you have a fun and safe time. We cannot, however, prevent every accident from happening, so by attending you realize that the triathlon has inherent risks and that you will not hold this site, BYU, or the BYU OAC presidency responsible. Thanks!
April 14th, 2006
We will meet on Saturday, April 15th at 9am by the pavilion at the mouth of Rock Canyon for our Outdoors Triathlon. During this triathlon you will need to carry a pack that has the following: two liters of water, an extra par of shoes (not sandals), an extra shirt, extra pants, a jacket, a power bar or apple, and a camera. If you don’t have these items you can still race but you will not be eligible to win.
You will start on your bike and ride up to a designated point about one mile up the canyon trail. From there you will get off your bike and hike a rough trail that goes up the mountain. This will last for about a mile and during this time we will have a rappel set up that you will have to go down. We will have a few harnesses and ATC’s available and they will be used on a first come, first serve basis. You can carry a harness and belay device with you if you do not want to risk waiting for people or for us to get the gear back up to the top. After the rappel, you will hike back to your bike and then ride it down the canyon to the finish line.
It will be fun and outdoorsy!
April 11th, 2006
Being a business student I am required to subscribe to the Wall Street Journal. One of the April 7th stories in the journal reads “Discovery’s Streaming Video Comes to Google Earth - Users of Google Inc.’s popular satellite-mapping software can now view streaming video clips pegged to popular landmarks and destinations, courtesy of Discovery Communications Inc….The feature, which marks the first time that Google has promoted video content on Google Earth, was launched yesterday with clips tied to 10 U.S. national parks like Yellowstone and Dinosaur National Monument.”
Once I learned about this I loged onto the version of Google Earth that I downloaded (if you don’t have Google Earth, download it here.) I expected that there would be some sort of automatic update and that I would be able to find it as one of the layer option. However, that’s not going to happen until the software is updated. for now you have to go to Discovery’s site to get the map tags that have the video options. I found the right page just one click from the home page (click here.) All you have to do is then click on the box that has the words “If you have Google Earth already, start your tour.” once you do this, your Google Earth will start up and small Discovery globe tags will appear. These are tags to whatever area the video is about. Once you click on them the window that shows the map will split and the bottom pane will show the video streaming from Discovery’s site.
I watched the one for Arches National Park and in the video it showed footage of when a 75′ slab of rock broke off of Delicate Arch. It was amazing to watch and I couldn’t help to think of the several rappels that I have done off of arches. I think I will think twice in the future about sitting under and arch again.
April 8th, 2006
Bonneville Shoreline Trail – The Northeast Part, Salt Lake Valley
The Bonneville Shoreline Trail (BST) is a series of trails where the old shoreline of Lake Bonneville used to be many years ago! Parts of the trail run from Ogden to Payson. We recently hiked the BST that runs along the northeast area of the Salt Lake valley.
One of the most famous landmarks on the trail is the “U” on the mountain. You can have fun climbing all around the big letter on the mountain then stop and check out breathtaking views of the entire Salt Lake valley. Near by you’ll see the University of Utah, University Hospital, Jewish Community Center, Huntsman Cancer Institute and several other businesses and residential homes. In the distant background are striking views of the Oquirrh and Wasatch Mountains. We hiked what is known as the “foothills” of the Salt Lake valley. Pay attention to the Dog Signs. Some areas of the BST allow dogs and some do not.
In addition to hiking, the BST is a popular place for mountain bikers and runners. If you get far enough from civilization and lose yourself in the foothills, you’ll see deer, wild life and wrecked, rusted out old cars. Why they are there I don’t know but they are there. This was a particularly great Saturday morning hike since we got lucky and captured some amazing photos of spring storms rolling across the valley. The BST is relatively easy and there are plenty of places to get on and off of this trail.
Access this part of the Bonneville Shoreline Trail by going to Virginia Street (1250 East) and Popperton Parkway (360 North) in Salt Lake City where you will see a public park and Shriner’s Hospital. Popperton Street is on the north side of Shriner’s. Turn east on Popperton Parkway and drive to the end of the road (about ¼ of a mile). Park and you’ll see the trailhead next to a gated residential community. NOTE: You can take 1300 East all the way to South Temple, go ½ block NORTH to turn on Virginia Street.
April 6th, 2006
It was winter, the beginning 2001. My second semester at Brigham Young University was underway. One Saturday evening I came home from a long day at the library, followed by an even longer night at the testing center. That whole week had been stressful. I had studied a lot and taken several tests. As the week drew to an end, my friend Bryan felt the same way I did. As we sat in our dorm room cerebrating on our despondently miserable study-holic lifestyle, we decided to do something outrageous…
We realized that we had to go to church the next day, yet, we reasoned, our little overnight excursion would not infringe on our ability to keep the Sabbath day holy. It would be over in the morning. We hastily outlined our late night plans. We hopped in my car, drove to the store and bought some firewood. We then began the several hour drive to the High Uinta mountains of Northern Utah. There we had a secret bounty awaiting us. There we would fire up our two beautiful all terrain vehicles (ATV’s) which roared in that wilderness with such power as to make the weak at heart shrivel before our terrible thunder.
We would make the all too familiar five mile ascent to the summit and camp for the night. In the morning we would watch that stunning sun rise over the lofty grandeur of those snowy peaks. As they always are at this time of year, the mountains and valleys were covered in feet of snow. Yet we were not deterred. Our transports were no ordinary vehicles. We strapped our sleeping bags, wood, tent, and other supplies to our quads and took off. Flying over mounds of snow illuminated only by the high beams on our ATV’s was exhilarating.
The last two hundred feet to the summit were the steepest. They were so slippery, that even our four wheel drive behemoths were no match. We strapped the gear to the stronger of the two vehicles. Then, digging our boots laterally into the snow, and standing on either side of the vehicle, we pushed up on the handle bars while revving the engine. It worked! The next 200 feet were exhausting, but we made it to the summit. Now to heat up this forsaken climate. With wind-chill factors reaching down into the negative 40’s a cozy camp side fire would keep us warm throughout the night.
Wait! Where’s the wood. I can’t believe it; we left the wood at the base. Ok, five miles on an ATV really isn’t that far. But we didn’t want to push another ATV up that hill, so we descended to the other ATV which we had left at the bottom of that abruptly vertical ascent, and began to drive that one to the base. Chug…chug…chug dead! You’ve got to be joking! Out of gas? That’s ok, we have gas at the base. We’ll just take the other ATV. And again we climbed that precipitous place! What a night! At least we’ll sleep well when we get a chance!
And aboard that deafening dragon we went again. While we were driving, we realized that the car was veering to the right severely. What is going on? What is the problem? We inspected it thoroughly. Alas! A flat tire. Unbelievable! Is someone playing a dirty trick on us? What are we to do? It seemed our trip was doomed. We got a hold of ourselves and tried to think.
No need to panic. We are only a few miles from the base. I had a solution. I have an electric pump that we can pump this tire with if we can get it back to the base. There we can load up with wood and gasoline. So we got off and pushed the wounded wildcat, again with one of us on either side, revving the engine and jogging along side.
Back to the base I plugged the pump into the lighter in my car and attempted to fill the tire. No air! I tested the lighter. “Bryan, we’ve got a problem. We are in the middle of no where, and the lighter in my car doesn’t work.” We rested for a few minutes, bemoaning our fate. Woe… woe… woe! Its Sunday morning and we are five miles from our supplies. It seems as if we are doomed to destruction. Is this cruel punishment not in consequence of our poor choice of how to spend a Sunday morning!
Again we pulled ourselves together. We will not be able to carry this wood. We’ll hike the 5 mile ascent carrying this gas can. We’ll switch off. And the journey began. For hours we pulled our heavy boots out of that deep powdery snow. Each time we switched with the gas can, was either an enormous relief or an ominous burden. It seemed to get heavier and heavier every time. The chilling winds crept through my cloth coverings and burnt the skin on my face. Since we were not going to be hiking (so we thought) I wore my NEW sub-artic insulated boots. My feet may have been warm, but the blisters I would later find were so deep, as to leave my socks stained with blood.
The hours finally passed in what seemed like days. We had arrived! We put the fuel in the ATV, and drove to the final ascent. We hiked the 200 feet for the last time. Exhausted, we collapsed at the summit, only to realize that the sun was rising. The daylight was peaking through the cracks and crevices, pervading that pristine wilderness, and revealing immaculate rolling hills of white— untouched.
The scene reminded me of flying in an airplane looking down on the thick white clouds- ah if I could only jump out and land in those clouds. Yet as solid as they look I would sink right through. And so it was with these hills of snow. With the exception of our well worn tracks, the splendor of these sumptuous peaks was unaffected by our presence, and all the rumble of our man-made combustion engines was no match for the crisp resonance of the ubiquitous wind, or the august silence that accompanied its absence.
The night was over. We sat there, reflecting on the grandeur of this scene, and upon the choices we had made. What does it mean to keep the Sabbath day Holy? We had been on the trail literally for eleven hours (9pm- 8am). The entire experience seemed like a bad dream, in a beautiful palace. We climbed aboard our fueled vehicle and drove back to base, this time a little slower. By the time we had put everything away and got in the car, it was around 9 or 9:30 am. I began the drive home, but I was so exhausted, I pulled over about half way back to Provo to sleep. As one last blow— which we accepted without complaint, I had left my headlights on when I fell asleep. An hour later I arose, without power. After a while a generous police officer came to the rescue and jump started us. Another hour on the road… We were home. It was almost 1pm. Fortunately, our ward met from 2-5pm. I took a shower, got dressed and went to church. The peace I felt there was akin to the peace I felt on that summit, above the clouds of snowy life, after a long night of darkness and distress.
And so it is in life. On Sunday we step out of the world, and place ourselves in a higher spiritual vantage point. From our Sunday summit we can see more clearly. We can make better decisions. And the love of Christ can fill us with peace and lead us on the path to happiness. But remember that keeping the Sabbath day holy means more than just going to church on Sunday!
By Gordon Lemmon
April 5th, 2006
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