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Testimony Sanford City Engineer Tells About Curbs In Lawsuit ByDONNA ESTES strenuously that Speer would not permit with testimony from LaZenby. He said Herald Staff Writer the professional engineer to fully answer the improvement plan, prepared by the City Engineer Mack LaZenby was back questions. city staff, calls for cutting the number of on the stand this morning as the fourth Circuit Judge Roger Dykes, conducting parking spaces along First Street and day in the trial on the downtown Sanford the non-jury trial, agreed with Colbert's Magnolia Avenue from 73 to 56. But he improvement lawsuit began. objections. added that a new parking lot at Magnolia Drawing sketches to illustrate his and Second Street will add 36 spots to testimony, LaZenby said new curbs to be In testimony Wednesday, Thomas give more parking places than the constructed in the First Street area from Speer insisted that the proposed down­ downtown area now has. Park Avenue to Magnolia Avenue will be town improvements would cut property of poured concrete and are designed to be values by 40 percent. luiZenby also attempted to demon­ safer than the old granite ones in place Attempting to show his expertise on strate graphically that brick curb ad­ now. real-estate values, Speer, law partner ditions will not hinder or obstruct the flow of drainage water or traffic on the Since the granite curbs are of cut rock, and aon of G. Algernon Speer, said he they are Irregular in shape and sharp at devotes to percent of his law practice to First Street through!are. points. The new curbs, however, will be real-estate matters. He also said he has The proposed Improvements for which created with standardised forms, been involved in many condemnation the city has budgeted 1314,000 for the last laZenby said. proceedings. three years call for rebuilding sidewalks, Under intensive cross-examination Speer's testimony was allowed by constructing planters, brick paving and from lawyer C. Algernon Speer con­ Dykes for the record for the purpose of the closing of a portion of Magnolia cerning the proposed plans for sidewalk, appealing the case if necessary, but will Avenue to vehicular traffic to create a planter and curb improvements, not be considered In a decision on the pedestrian mall. LaZenby refused to deviate from his lawsuit by the Judge. testimony. G. Algernon Speer, representing He said the travel-way (the area where Dykes said the major issue in the himself and nine other property owners cars will be able to drive) on First Street lawsuit is whether the city has the power in the lawsuit, contends the city has not after the Improvements will be wider to do the downtown improvements on shown a public purpose for spending the than it is today. publicly owned property. money. He also says that dosing a LaZenby also said the plans and Kenneth McIntosh, Colbert's associate, portion of Magnolia Avenue will be release some 600 balloons into planning details for the improvements as under cross-examination, elicited detrimental to the area and that other work will adversely affect drainage and the skies Wednesday as the final activity of a month-long project. The presented In court are Identical to those testimony from Speer showing that he impair deliveries to businesses. helium-filled balloons bear nam e tags with the youngsteri' addresses, adopted by the City Commission in May had not considered property values in AND AWAY.. 1900. other communities in Florida which have and the children are hoping the eventual finders of the airborne The trial is scheduled to end Friday. had downtown revitalisation programs. spheres will write (hem letters. As Speer cross-examined LaZenby, Hearings began Monday in the suit filed City Attorney Bill Colbert objected And the dty began Its side of the case by Speer early in 1960 Seminole Greyhound Track: Costly White Elephant? By JOE De&ANTIS Seminole Greyhound Park, while the Sanford-Orlando Kennel today he will go before Judge Leffler next Monday for a In effect, the attorney general's move suspended Leftist's Hermld Staff Writer Club la leas than firs miles from the Seminole greyhound hearing in attempts to get a temporary stay of the appellate ruling and allowed racing to continue during the track'a Unless Seminole Greyhound Park can get a favorable ruling track. court's ruling. Strawn said that if he is unable to get a stay maiden seaaon in 1311. from the state Supreme Court, the Casselberry dog track may The bill that allowed conversion of the track was sponsored during that 1 waring, the track wtn appeal directly to the state Lefflsr then ordered the track's owners to peat a surety bend turn out to be the moat expensive white elephant Seminole by State Rep. Robert Hattaway, D-Altamonte Springs, and Supreme Chart. to continue operating white the lawsuit mads its way through County has aver seen. war. pushed through the House on the final day of the I960 “The Supreme Court is the final arbitrator on any state the 3th District Court of Appeal. On Wednesday, the 3th Circuit Court of Appeal In Daytona session. Since that time the conversion has been challenged by statute," he said. Jack and Bill Demetree posted a 3471,000 surety bond, but Beach upheld a ruling last June II by Chief Seminole Circuit several other dog tracks In the state, and the track has been "We have 30 days in which to file an appeal. Within 30 days did not have to put up any cash or pledge any tangible Court Judge Kenneth Leffler that the conversion of the track embroiled in troubles during Its first racing seaaon. after the appeal is (Usd, I have 30 days to IDs a brief on the collateral for the bond, merely promising to foot the bill for from harness to dog racing in 1ND was unconstitutional on the court's ruling. Their attorneys (for the Sanfor&Orlando any financial losass the Daytona Beach Kennel Club might Seminole Greyhound Park is currently the subject of a grounds It violated stale statutes governing proximity of pari­ Kennel du b and the Daytona Beach Kennel dub) then have 10 suffer white the case w u being appealed. In 1961 Seminole seven-month-long investigation by state parimutuel division mutuel plants and usurped the duties and privileges of both the days to file a brief in response to the appeal. Greyhound Park and the Daytona track ran Identical race officials for possible administrative violations. That probe is Division of Pari-Mutuels and the Commission on Pari-Mutuel "We're looking at a timetable of not more than 73 days as far dates — May through September. expected to be completed within a week. The results of the as getting a ruling from the Supreme Court,” said Strawn. The Daytona Beach track contended that the identical race Wagering. investigation will then be reviewed by the Department of leffler said In his June decision that the stale should not In an ongoing legal battle since the track was first converted dates cost the Volusia County pari-mutuel between 37 And $1 Business Regulation. A decision on whether to file ad­ from harness to dog racing, Leffler ruled June 16 that the million on its 1960 handle. have granted Seminole Greyhound Park racing dates because ministrative complaints against the track will be made at that Statute 330.09, Paragaraph 3. indicated no permit shall be conversion w u unconstitutional The stats attorney general's Jerry Collins, chief officer of the SanfordOrlando Kennel tune. issued by the Division of Pari-Mutuels nor voted upon in any office, however, Immediately stepped in to appeal that Club, said Wednesday he wasn’t concerned about Seminole's county to conduct the running of horse races, harness races w* The track’s principal owners - Bill De me tree, his brother decision to protect the state's interest In the case. appeal to the state Supreme Court. dog races at a location within 100 miles of an existing location Jack, and Paul Dervase - invested more than 34 million in Siding with Seminole Greyhound Park in the suit, the at­ "We weren't fighting anything but what the law states," said for which a permit has already been Issued and a racing plant converting and Improving the track, which is scheduled to torney general's office determined the dosing of the track Collins. 'There were no personalities Involved In the suit. “The law is on our side. The appeal court (teals in the law, located. open for its second Mason of racing May 3. could cost the state about S3 million in lost revenues through The Daytona Beach Kennel Tub is some 30 miles from David Strawn, lawyer tor Seminole Greyhound Park, said taxes. and ao does the Supreme Court,” he added. TODAY Casselberry Man Around The Clock .......... 4A Dr. Ia m b _____ .......... 16A Television ... ........... UA cost of hard-caver boaks ISA Editorial U Weather . ................. !A •oaring, many readers are Calendar............... ........ UA Florida ............ »A World ....... ................ SA turning to the library u d to Is Found Slain ............ ISA the leas expensive paper- Classified Ads 13-HA Horoscope ....... ByTENlYARBOROUGH .......... !A Read any good books backs. Read all about the Comics ISA Hospital Herald Staff Writer 1A lately? U you have, you more titad In staff writer Donna Crossword ISA Natlou .......... The Identity of a man shot to death at a Casselberry shopping .............»A Estes' story la Friday's Dear Abb) 9A* Ourselves....... than likely checked them tut center Wednesday h u been determined u that of 40-year-old Sports ...............

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