Members of the Ab Jenkins family said Wednesday night they are determined to proceed with legal steps to regain title to the Mormon Meteor III, Jenkins' famous record-setting race car.
But Bud Scruggs, Gov. Norm Bangerter's chief of staff, says if the Jenkins family files suit, the state will defend - and probably win.Marvin Jenkins gave the Deseret News copies of correspondence with state officials indicating that several times over the past 14 months they offered to give him the car because it was not being properly cared for in state custody.
The Jenkins family maintains that it has a right to the car and intends to claim it in court, despite statements this week by Gov. Norm Bangerter, Scruggs and Max J. Evans, director of the Utah State Historical Society.
They plan to display the car in Utah, probably in the Rio Grande Depot, as the state has suggested, but under the family's control, Jenkins said.
Documents the family made available include a copy of a July 28, 1989, informal opinion from Attorney General R. Paul Van Dam.
In that opinion he advised Bangerter that the Meteor could be returned to the Jenkins family, indeed that "the failure of the state of Utah to abide by the specified conditions in the bill of sale. . .causes the title to the race car to automatically revert to Mr. Jenkins (or his heirs)."
Van Dam said that in his opinion legal questions, including the degree of property interest of the Jenkins heirs, the rule against perpetuities, and statutes of limitations, would not bar return of the car to the family.
"It would be time-consuming and costly. . .to fully investigate all of the facts. . ." now, Van Dam said.
The state, however, could raise various defenses to the family's claim, he added, and suggested that Bangerter decide disposition of the vehicle "as a policy matter," Van Dam concluded.
The opinion simply means that after a quick review, the attorney general believes that "there are good arguments for giving it back, there are good arguments for not giving it back," Scruggs said.
"The governor says, `Hey, wait a minute, the school kids enjoy seeing that car more than anything in the state Capitol and I'm not going to give away state property, especially where there's so much legal ambiguity.' "
Jenkins also displayed a letter from Jack Quintana, assistant director of facilities management at the State Capitol dated March 21, 1989, stating that his division "will no longer have the space to display it." He said, "Quite frankly, we are encouraging the family to consider" displaying the car at a museum at Wendover.
In a May 9, 1989, letter, Neal P. Stowe, director of the Facilities Division, recommended to Bangerter, "It is my belief that the Capitol is not an appropriate place to retain artifacts of this nature, and that they should be returned to the family."
Stowe's letter confirmed that "It is true that there have been some incredible incidents involving the vehicle. . .One involved an incident whereby the vehicle had been loaned to a garage operator for display and was not returned in a timely manner and then only when noticed by the family and they demanded its return. Several dents occurred to the rear of the vehicle upon its transfer from the garage to the first floor exhibit area."